Lucas v Lucas: 13 Nov 1729
References: [1729] EngR 364, (1729) 2 Lee 576, (1729) 161 ER 445 (B) Links: Commonlii Ratio: Administration granted to a wife, under a special power from her husband, who was beyond seas. Last Update:...
View ArticleHubbard v Hamburger: ECJ 1 Jul 1993
References: Times 16-Jul-1993, Ind Summary 23-Aug-1993, C-20/92, [1993] EUECJ C-20/92, [1993] ECR 1-377 Links: Bailii Ratio: An order for security for costs was being sought against an English...
View ArticleFelton v Mulligan: 2 Sep 1971
References: (1971) 124 CLR 367, [1971] HCA 39 Links: Austlii Coram: Justice Windeyer Ratio: (Australia) The court was concerned to interpret the phrase ‘arising under any laws made by the Parliament’...
View ArticleIn re Goodwin; Ainslie v Goodwin: ChD 1924
References: [1924] 2 Ch 26, [1924] 93 LJ Ch 331, [1924] 130 LT 822, [1924] 68 SJ 478 Coram: Romer J Ratio: Request on condition – Annuity to Wife if smaller annuity under deed released within six...
View ArticleLester v Garland: 8 Aug 1808
References: (1808) 15 Ves Jun 248, 33 ER 748, [1808] EngR 326, (1808) 15 Ves Jun 248, (1808) 33 ER 748 Links: Commonlii Ratio: Bequest of residue in trust in case A shall within six months after...
View ArticleMarley v Mutual Security Merchant Bank: PC 1991
References: [1991] 3 All ER 198 Ratio: BANKING – EQUITY, TRUSTS, PROBATE ADMINISTRATOR’S POWERS OF INVESTMENT Bank as sole administrator cannot invest estate funds in its own deposits in the absence of...
View ArticleEarl of Moray, (Petitioner): HL 1950
References: 1950 SC (HL) 281 Coram: Lord Mackintosh Ratio: The testamentary writings consisted of a trust disposition and five codicils. The petitioner was born after the date of the first codicil, but...
View ArticleMaltby v D J Freeman: 1978
References: [1978] 1 WLR 431 Coram: Walton J Ratio: The court laid down guidance for solicitors in charging in the administration of estates: ‘when one comes to translate value into terms of the legal...
View ArticleBoyse v Rossborough: HL 1857
References: [1857] 6 HLC 2, [1857] EngR 299, (1857) 5 HLC 1, (1857) 10 ER 1192 Links: Commonlii Coram: Lord Cranworth Ratio: In order to set aside the will of a person of sound mind, it is not...
View ArticleRobinson v Fernsby, Scott-Kilvert: CA 19 Dec 2003
References: [2003] EWCA Civ 1820, Times 20-Jan-2004, [2003] WTLR 529 Links: Bailii Coram: Lord Justice Peter Gibson , May LJ Ratio: The judge had drafted his judgment and sent the drafts to the parties...
View ArticleIn re Vaux: CA 1939
References: [1939] 1 Ch 465 Coram: Sir Wilfrid Greene MR Ratio: The term ‘portion’ has a ‘qualitative significance’ as well as purely quantitative significance. As to the doctrine of ademption: (Sir...
View ArticleEarl of Durham v Wharton: HL 1836
References: (1836) 3 C & Finelly 14 Coram: Lord Lyndhurs Ratio: WL, brother of JL, gave property to JL charged with a legacy of £5,000 to JL’s daughter, Susan, then unmarried. JL by his will later...
View ArticleLord Chichester v Coventry: HL 1867
References: (1867) Ex I App 71 Coram: Lord Romilly Ratio: Though the doctrines of ademption and of satisfaction of gifts are related, it is more difficult to establish satisfaction. Slight differences...
View ArticleIn re R (Enduring Powers of Attorney): ChD 1990
References: [1990] 1 Ch 647, [1990] 2 WLR 1219 Coram: Vinelott J Ratio: The claimant had worked for the deceased for many years. The deceased gave her nephew an enduring power of attorney which was in...
View ArticleIn Re Eardley: 1920
References: [1920] 1 Ch 397 Coram: Sargant J Ratio: The court considered whether a gift might adeem a gift in a will by ‘by a father or a person in loco parentis’ but ‘the matter must be regarded from...
View ArticleRegina v Gwynedd County Council ex parte B and Another: 1992
References: [1992] 3 All ER 317 Ratio: The ambit of the 1980 act does not extend to regulating events arising after a child’s death. Statutes: Child Care Act 1980 This case cites: Approved – Regina v...
View ArticleHunter’s Executors, Petitioners: IHCS 1992
References: (1992) SLT 1141 Coram: Lord Ross LJC Ratio: The testatrix left the residue of her estate absolutely to her husband ‘whom failing should he predecease me or should we die simultaneously or...
View ArticleRegina v Gwynedd County Council ex parte B and Another: 1992
References: [1992] 3 All ER 317 Ratio: The ambit of the 1980 act does not extend to regulating events arising after a child’s death. Statutes: Child Care Act 1980 This case cites: Approved – Regina v...
View ArticleDaintrey v Butcher: 1888
References: (1888) 13 PD 102 Ratio: For the purpose of proving the correct attestation of a will it is sufficient that the will bears the signature of the testator, that two persons are asked to sign...
View ArticleIn the Estate of Benjamin, deceased: 1934
References: [1934] 1 All ER 359, (1934) 150 LT 417 Coram: Langton J Ratio: The intention of a purported witness to the execution of a will is immaterial if the will is in proper form. This case is...
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