O’Learly v Douglass: 1878
References: (1878) 1 LR IR 45 Coram: Warren J Ratio: The testator had executed two wills, identical in all respects save only for the dates and the attesting witnesses. Held: Warren J said: ‘On these...
View ArticleGarland v Morris and Another: ChD 11 Jan 2007
References: [2007] EWHC 2 (Ch) Links: Bailii Coram: Michael Furness QC J Ratio: The claimant sought additional provision from her father’s estate. She said that the will failed to make reasonable...
View ArticlePerrins v Holland and Others; In re Perrins, deceased: CA 21 Jul 2010
perrins_hollandCA10 References: [2010] EWCA Civ 840, [2010] WLR (D) 196, (2010) 13 ITELR 405, [2011] 2 WLR 1086 Links: Bailii, WLRD Coram: Moore-Bick LJ Ratio: The testator had given instructions for...
View ArticleCharles and Others v Fraser: ChD 11 Aug 2010
charles_fraserChD10 References: [2010] EWHC 2154 (Ch), [2010] WTLR 1489, 13 ITELR 455 Links: Bailii Coram: Jonathan Gaunt QC J Ratio: The claimants said that the last will had purported to revoke and...
View ArticleWahab v Khan and Others; In re Abdus Sattar Sheikh deceased: ChD 12 Apr 2011
wahab_khanChD11 References: [2011] EWHC 908 (Ch) Links: Bailii Coram: Briggs J Ratio: The claimant had asked the court to revoke the probate granted in his brother’s estate. He appealed now against a...
View ArticleGuardian Trust and Executors Company of New Zealand Ltd v Inwood and Others:...
References: [1946] NZLR 614 Coram: Fair J Ratio: (New Zealand Court of Appeal) The Court admitted a will to probate, omitting words naming the testatrix. Fair J said: ‘but it is submitted on behalf of...
View ArticleAnne Casement v John Williamson Fulton and Wife: PC 19 Jun 1845
References: [1845] UKPC 8 Links: Bailii Ratio: (India) Last Update: 09 May 2017 Ref: 431464 The post Anne Casement v John Williamson Fulton and Wife: PC 19 Jun 1845 appeared first on swarb.co.uk.
View ArticleGrayburn v Clarkson: 1868
References: (1868) LR 3 LRCh App 605 Ratio: The result of the authorities seems to be, that there is no fixed rule that conversion must take place by the end of the year, but that that is the prima...
View ArticleRe Croxon: 1904
References: [1904] 1 Ch 252 Ratio: A Royal Licence to take up a coat of arms specified by the testator could not be obtained because it could not be shown that the testator was entitled to those...
View ArticleWharton v Bancroft and Others: ChD 30 Jan 2012
References: [2012] EWHC 91 (Ch) Links: Bailii Coram: Norris J Ratio: The will was challenged for want of knowledge and approval of it by the testatrix. Held: Norris J set out the correct approach: ‘(a)...
View ArticleMelhuish v Waters: CA 5 Jul 2001
References: [2001] EWCA Civ 1174 Links: Bailii Ratio: A settlement had been reached on the morning of the trial, embodied in a consent order. The applicant sought leave to appeal, denying that he had...
View ArticlePage and Others v West and Others: ChD 12 Mar 2010
References: [2010] EWHC 504 (Ch) Links: Bailii Ratio: Jurisdiction: England and Wales Last Update: 13-May-17 Ref: 408666 The post Page and Others v West and Others: ChD 12 Mar 2010 appeared first on...
View ArticleRe Loxston, Abbot v Richardson: ChD 2006
References: [2006] WTLR 1567 Coram: Mr N Strauss QC Ratio: Mr N Strauss QC said: ‘The question is always whether the testator had the necessary capacity at the time the Will was executed, and that may...
View ArticleIn re Cameron deceased: ChD 1999
References: [1999] Ch 386, [1999] 2 All ER 924 Coram: Lindsay J Ratio: The court was asked whether a gift was a ‘portion’ made in order to establish a child in life or make substantial provision for...
View ArticleNT v FS and Others: CoP 26 Mar 2013
References: [2013] EWHC 684 (COP) Links: Bailii Coram: Behrens J Ratio: An application was made for a statutory will for the patient. The court considered how it should approach competing suggestions...
View ArticleW G Executry: SCSf 26 Jun 2015
References: [2015] ScotSC 49 Links: Bailii Ratio: Jurisdiction: Scotland Last Update: 15-May-17 Ref: 552261 The post W G Executry: SCSf 26 Jun 2015 appeared first on swarb.co.uk.
View ArticleIn re Duke, Hannah v Duke: 1880
References: [1880] 16 ChD 112 Ratio: This case is cited by: Cited – Barclays Bank Trust Co Ltd v McDougall and Others ChD (Times 03-Aug-00, Gazette 03-Aug-00) The deceased had created a trust with...
View ArticleStewart and Others v Franks and Others: SCS 26 Apr 2013
References: [2013] ScotCS CSOH_63 Links: Bailii Coram: Lor Brailsford Ratio: Last Update: 15 May 2017 Ref: 473011 The post Stewart and Others v Franks and Others: SCS 26 Apr 2013 appeared first on...
View ArticleMassy v Rogers: 1883
References: (1883) 11 LR Ir 409 Ratio: This case is cited by: Cited – Creasey and Another v Sole and Others ChD (Bailii, [2013] EWHC 1410 (Ch)) The parties, brothers and sisters, disputed ownership of...
View ArticleRe Tarnpolsk: ChD 1958
References: [1958] 1 WLR 1157 Coram: Dankwerts J Ratio: It was impossible to give sufficient meaning to the phrase ‘a person of the Jewish race’, and the condition failed for conceptual uncertainty,...
View Article