Re Colling Dec’d: 1972
References: [1972] 3 All ER 729 Ratio: For the valid execution of a will, the burden is on those propounding the will to establish on the balance of probabilities that the technical requirements of the...
View ArticleBeresford v Royal Insurance Co Ltd: HL 1938
References: [1938] AC 586, [1938] 2 All ER 602 Coram: Lord Atkin Ratio: The forfeiture rule was to be applied in a case involving suicide. An insured may not recover under a policy of insurance in...
View ArticleBaudains v Richardson: PC 1906
References: (1906) AC 169 Coram: Lord MacNaughten Ratio: The Board considered the quality of the influence necessary to establish undue influence: ‘Influence may be degrading and pernicious and yet not...
View ArticleBishop v Plumley: CA 1991
References: [1991] 1 All ER 236, [1991] 1 WLR 582 Coram: Butler-Sloss LJ Ratio: Where the support provided by the deaceased more or less matched in value the service provided by the applicant to the...
View ArticleMalone v Harrison: 1979
References: [1979] 1 WLR 1353 Ratio: A mistress of the deceased could make a claim under the 1975 Act. Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and...
View ArticleRe Inchcape: 1942
References: [1942] Ch 394 Coram: Morton J Ratio: The court had been called upon to decide the domicile of Lord Inchcape at the date of his death. Counsel then asked for the costs of all parties to be...
View ArticleTurner v Phythian and Another: ChD 15 Mar 2013
References: [2013] EWHC 499 (Ch) Links: Bailii Coram: Vivien Rose Ratio: The claimant challenged the will as to its proper execution (incorrect attestation), lack of mental capacity, and failure to...
View ArticleWing v Angrave, Tulley, And Others: 29 Feb 1860
References: [1860] EngR 525, (1860) 8 HLC 183, (1860) 11 ER 397, (1860) 8 HL Cas 183 Links: Commonlii Coram: Lord Chelmsford Ratio: Lord Chelmsford said: ‘Had it occurred to her mind that a highly...
View ArticleFreeman v Butler: 16 Nov 1863
References: [1863] EngR 954 (A), (1863) 33 Beav 289 Links: Commonlii Ratio: The defendant, the trustee and executor, was also a mortgagee on part of the estate. Upon a bill for the administration of...
View ArticleIn re P (Statutory Will): ChD 9 Feb 2009
References: [2009] EWHC 163 (Ch), [2010] EWHC 1592 (COP), [2010] Ch 33, [2009] NPC 24, [2009] WTLR 651, [2009] LS Law Medical 264, [2009] 2 All ER 1198, [2010] 2 WLR 253 Links: Bailii, Bailii Coram:...
View ArticleCosnahan v Grice: PC 12 Jul 1862
References: [1862] EngR 910, (1862) 15 Moo PC 215, (1862) 15 ER 476, [1862] UKPC 12 Links: Commonlii, Bailii Ratio: Isle of Man – The Board emphasised the burden of proof in claims to have received a...
View ArticleBoyse v Rossborough: 5 Dec 1853
References: [1853] EngR 1056, (1853) Kay 71, (1853) 69 ER 31 Links: Commonlii Ratio: A bill can be maintained by a devisee of the legal estate in real property, who is in possession, for the purpose of...
View ArticleBoyse v Rossborough: 7 Nov 1854
References: [1854] EngR 853, (1854) 1 K & J 124, (1854) 69 ER 396 Links: Commonlii Ratio: A decree of the Court of Chancery in Ireland, after verdict upon an issue devisavit vel non, does not...
View ArticleBoyse v Rossborough: 11 Feb 1854
References: [1854] EngR 252, (1854) 3 De G M & G 817, (1854) 43 ER 321 Links: Commonlii Coram: Lord Carnworth LC Ratio: A mere legal devisee may file a bill against the heir at law of the testator...
View ArticleButton v Button: 11 Jan 1840
References: [1840] EngR 301, (1840) 2 Beav 256, (1840) 48 ER 1178 Links: Commonlii Ratio: A testator gave one estate to James, upon trust to pay to testator’s wife £18 a year for life, and after her...
View ArticleTwining v Powell: 17 Jul 1845
References: [1845] EngR 1144, (1845) 2 Holt Eq 422, (1845) 71 ER 930 Links: Commonlii Ratio: Last Update: 24 February 2017 Ref: 304286 The post Twining v Powell: 17 Jul 1845 appeared first on...
View ArticleRe Pfrimmer: 1936
References: [1936] 2 DLR 460 Ratio: (Manitoba Court of Appeal) Mr Pfrimmer in his will in 1930, disposed of a house on various trusts. On his death, the question arose as to whether the carrying into...
View ArticleGallant And Another v Bouteflower: 26 Nov 1781
References: [1781] EngR 113, (1781) 3 Doug 34, (1781) 99 ER 525 (C) Links: Commonlii Ratio: Counts on promises to a testator may be joined with counts on promises to the executor, and in answer to a...
View ArticleRe Barker: Nemes v Baker: 1995
References: [1995] 2 VR 439 Coram: Tadgell J Ratio: (Supreme Court of Victoria) Tadgell J said: ‘The very existence of a revocation clause in a will is, however, prima facie solemnly eloquent of the...
View ArticleRe Rapley, deceased: ChD 1983
References: [1983] 1 WLR 1069 Coram: Judge Finlay QC Ratio: The deceased was an apprentice with Ellerman City Lines. He was discharged from one ship on 7 October 1960 and joined another of his...
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