Grundy v Ottey: CA 31 Jul 2003
The deceased left his estate within a discretionary trust. The claimant sought to assert an interest in it, claiming an estoppel and, under the 1975 Act, as his partner. They had lived together for...
View ArticleEllis v Selby: 23 Mar 1835
Testator gave his bank stock to trustees, in trust for F. B, for life, and his funded property to the same trustees, in trust for WRE for life, and, after his death, in trust for his issue ; and he...
View ArticleLedgard And Parr v Garland: 13 May 1836
Probate of the will of a married woman under a power, limited in such manner as will leave questions of construction for the decision of Courts of Equity [1836] EngR 705, (1836) 1 Curt 287, (1836) 163...
View ArticleCharles Harwood v Maria Baker: PC 1840
The Board emphasised the importance that the Court of Probate should be satisfied that a testatrix had the necessary capacity when she executed the will if the evidence showed that she had lost...
View ArticleIn re Parkard: 1920
[1920] 1 Ch 596 England and Wales Cited by: Cited – Hayward v Jackson ChD 18-Feb-2003 The claimant had been given an option in the will to purchase land from the estate, but the price was not fixed...
View ArticleRoyal Commonwealth Society for The Blind v Beasant and Another, Benjamin Ho:...
Construction of residuary gifts in will [2021] EWHC 2315 (Ch) Bailii England and Wales Updated: 06 September 2021; Ref: scu.666695 br> The post Royal Commonwealth Society for The Blind v Beasant and...
View ArticleStrover and Another v Strover and Another: ChD 10 May 2005
Insurance policies had been taken out by the partners in a firm. The surviving family of one and the remaining partners contested ownership. The policy was held in part for the benefit of the family....
View ArticleIn re Phelps: CA 1980
The intestate’s widow notified her husband’s personal representative that she had elected to exercise her statutory right to the matrimonial home. At first instance, Foster J held that the words ‘in or...
View ArticleIn The Goods Of Robert Murray, Deceased: 20 Apr 1837
A husband, his wife, and child having perished together, administration granted of the husband’s effects as dead a widower. [1837] EngR 640, (1837) 1 Curt 596, (1837) 163 ER 209 (A) Commonlii England...
View ArticleT and Another v L and Others (Inherent Jurisdiction : Costs): FD 29 Jul 2021
The Honourable Mr Justice Cobb [2021] EWHC 2147 (Fam) Bailii England and Wales Updated: 11 September 2021; Ref: scu.667750 br> The post T and Another v L and Others (Inherent Jurisdiction : Costs):...
View ArticleWintle v Nye: HL 1959
Mrs Wells, the testatrix, was an elderly lady living on her own. She neither had business experience nor the benefit of independent professional advice. She made a complex will and a codicil prepared...
View ArticleIn re Segelman (dec’d): ChD 1996
The burden of proof which falls on a disappointed beneficiary who seeks rectification of the will, saying that the will did not give effect to a testator’s intentions, is an exacting one. Chadwick J...
View ArticleMuhammad Wali Khan v Muhammad Mohi-Ud-Din Khan and Others: PC 23 Jun 1919
(Allahabad) [1919] UKPC 51 Bailii England and Wales Updated: 14 September 2021; Ref: scu.423297 br> The post Muhammad Wali Khan v Muhammad Mohi-Ud-Din Khan and Others: PC 23 Jun 1919 appeared first...
View ArticleSchomberg and Others v Taylor and Others: ChD 16 Jan 2013
[2013] EWHC 2269 (Ch), [2013] WTLR 1413 Bailii England and Wales Updated: 17 September 2021; Ref: scu.652779 br> The post Schomberg and Others v Taylor and Others: ChD 16 Jan 2013 appeared first on...
View ArticleBullin v Fletcher: 8 Apr 1837
[1837] EngR 606, (1837) Donn Eq 243, (1837) 47 ER 347 Commonlii England and Wales Updated: 17 September 2021; Ref: scu.313723 br> The post Bullin v Fletcher: 8 Apr 1837 appeared first on swarb.co.uk.
View ArticleGaynon and Ann His Wife, Late Ann Foley v Wood: 19 Jul 1759
[1759] EngR 97, (1759) Dick 331, (1759) 21 ER 296 Commonlii England and Wales Cited by: See Also – Wood v Gaynon 2-Mar-1761 The plaintiff sought a decree to compel a life tenant and her husband to put...
View ArticleDr Gilbert Wauchope, and Agnes His Sister v Andrew Wauchope of Niddrie, Esq:...
Succession – Tutor and Curator – Minor – Found that curators or administrators cannot directly alter the minor’s or constituent’s succession, by taking bonds secluding executors in lieu of bonds to...
View ArticleTempleman v Warrington: 23 Dec 1842
Testatrix bequeathed the residue of her funded property in trust for her niece for life, and, after her death, to be equally divided amongst all her children, whether sons or daughters, share and share...
View ArticleFuller v Strum: CA 7 Dec 2001
The appellant challenged a finding that only part of a will was valid. The part made a gift to his son, ‘albeit very grudgingly’, saying ‘I hate him like poison, that Irish bastard.’ Held: The onus on...
View ArticleLim (An Infant) v Walia: CA 29 Jul 2014
The parties disputed a claim under the 1975 Act. Immediately before her death, the deceased had, because of her medical condition, a vested right to bring forward an insurance benefit, but that right...
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