Witkowska v Kaminski: ChD 25 Jul 2006
References: [2006] EWHC 1940 (Ch) Links: Bailii Ratio: The claimant sought provision from the estate claiming to have lived with the deceased as his partner for the two years preceding his death. She...
View ArticleEarle v Bellingham: 24 Jul 1857
References: (1857) 24 Beav 448, [1857] EngR 795 (B), (1857) 24 Beav 445 Links: Commonlii Ratio: The right to receive legacies charged on a reversionary legacy payable under the will of another was not...
View ArticleFletcher v Fletcher: ChD 25 Jul 1844
References: [1844] EWHC Ch J69, (1844) 4 Hare 67, 67 ER 564 Links: Bailii Ratio: The son of the deceased sought payment under a deed executed by the testator but not disclosed to his trustees who now...
View ArticleJennings v Rice, Wilson, Marsh, Norris, Norris, and Reed: CA 22 Feb 2002
References: [2002] EWCA Civ 159, [2003] 1 P & CR 100, [2003] 1 FCR 501 Links: Bailii Coram: Lord Justice Aldous Lord Justice Mantell And Lord Justice Robert Walker Ratio: The claimant asserted a...
View ArticleWard v Holman: 1964
References: [1964] 2 QB 580 Coram: Gorrell Barnes J Ratio: Section 3 of the 1861 Act abrogated the common law rule that a change of domicile operated as a revocation of a testamentary disposition. The...
View ArticleKeenan v Handley: 1864
References: 1864 12 WR 1021 Ratio: The court considered the availability of specific performance as a remedy to a personal representative. This case is cited by: Cited – Beswick v Beswick HL ([1968] AC...
View ArticleLoder v Loder and Others: 8 Jun 1730
References: [1730] EngR 285, (1730) Sel Cas T King 356, (1730) 25 ER 437 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 27-Mar-17 Ref: 387914 The post Loder v Loder and Others: 8...
View ArticleCaudle v LD Law Ltd: QBD 29 Feb 2008
References: [2008] EWHC 374 (QB), [2008] 1 WLR 1540, [2008] WTLR 587 Links: Bailii Coram: Wyn Williams J Ratio: The claimant sought to take out letters of administration in the estate, and needed...
View ArticleRe Ratcliff: 1898
References: [1898] 2 Ch 352 Ratio: The court has no inherent jurisdiction to remove a personal representative in that capacity. This case is cited by: Cited – The Thomas and Agnes Carvel Foundation v...
View ArticleBrooke v Garrod: 20 Jul 1857
References: [1857] EngR 783, (1857) 3 K & J 608, (1857) 69 ER 1252 Links: Commonlii Ratio: This case cites: See Also – Brooke v Garrod ((1857) 3 K & J 608, (1857) 2 De G & J 62, [1857] EngR...
View ArticleCobbett v Ludlam, Executor of Oldfield: 26 Nov 1855
References: [1855] EngR 839, (1855) 11 Exch 446, (1855) 156 ER 906 Links: Commonlii Ratio: O, the defendant’s testator, instituted a suit in Chancery for the administration of the estate and effects of...
View ArticleWilleter v Dobie: 23 Jun 1856
References: [1856] EngR 706, (1856) 2 K & J 647, (1856) 69 ER 942 Links: Commonlii Ratio: A married woman, by her will, in exercise of a power of appointment over trust moneys, made several...
View ArticleStephen Lazar And His Wife Thamar Lazar v Colla Ragava Chitty: 3 Dec 1838
References: , [1838] EngR 1035, (1838) 2 Moo Ind App 84, (1838) 18 ER 233, [1838] UKPC 21 Links: Commonlii, Bailii Ratio: (India) Legacy of 12,000 star pagodas reserved by a Testator from his estate,...
View ArticleDobson v Heyman: ChD 18 Dec 2007
References: [2007] EWHC 3503 (Ch) Links: Bailii Coram: Evans-Lombe J Ratio: Appeal against order substituting the appellant as executor of the will. Statutes: Administration of Justice Act 1985 50 Last...
View ArticleBrauer v Germany: ECHR 28 May 2009
References: 3545/04 (Translation), [2009] ECHR 795 Links: Bailii Coram: Peer Lorenzen, P Ratio: The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her...
View ArticleCancer Research Campaign v Ernest Brown: 1998
References: [1997] STC 1425, [1998] PNLR 592 Ratio: An executor does not usually owe a duty to advise a beneficiary in connection with the affairs of the beneficiary. Tax avoidance is not an idea that...
View ArticleMartin v Williams: ChD 13 Mar 2017
References: [2017] EWHC 491 (Ch) Links: Bailii Coram: Marcus Smith J Ratio: Statutes: Inheritance (Provision for Family and Dependants) Act 1975 1 2 Jurisdiction: England and Wales Last Update:...
View ArticleLowthorpe-Lutwidge v Lowthorpe-Lutwidge: 1935
References: [1935] P 151 Coram: Langton J Ratio: The burden that lies on the party seeking to prevent an express clause of revocation in a will from having the effect that would follow from the plain...
View ArticlePhillips v Low: ChD 1892
References: [1892] 1 Ch 47 Coram: Chitty J Ratio: There had been a conveyance of land with a house on it whose window looked onto other land of the vendor. Held: There was an implied ancillary right...
View ArticleBrauer v Germany: ECHR 28 Jan 2010
References: 3545/04, [2010] ECHR 74 Links: Bailii Coram: Peer Lorenzen, P Ratio: Just satisfaction – friendly settlement Statutes: European Convention on Human Rights 8 This case cites: See Also –...
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