14 Jac Cr 417 Saunders -v- Esterby, Hob 216, -v- Collateral Assumpsit,...
References: [1220] EngR 167, (1220-1623) Jenk 336, (1220) 145 ER 244 (D) Links: Commonlii Ratio An assumpsit lies against an executor upon a collateral promise of the testator ; as upon the testator’s...
View ArticleIn re Akerman; ChD 1891
References: [1891] 3 Ch 212 Coram: Kekewich J Ratio The court was asked whether in the division of the testator’s residuary estate three of the testator’s seven children had to bring into account...
View ArticleIn re Lysaght; CA 1898
References: [1898] 1 Ch 115 Coram: Lord Lindley MR Ratio The testator bequeathed certain shares and declared that they ‘shall carry the interest accruing thereon at my death.’ Held: But for this clause...
View ArticleIn re Morris Deceased; ChD 1970
References: [1971] P 62, [1970] 1 All ER 1057, [1970] 2 WLR 865 Coram: Latey J Ratio A mistake was made in the drafting of a codicil by which, inter alia, the testatrix had revoked cl 7 of her will. It...
View ArticleMarsh -v- Tyrrell; 1828
References: (1828) 2 Hagg Ecc 84 Coram: Sir John Nicholl Ratio:The testatrix was found to have made a new Will, at a time when her faculties were much impaired, under the undue influence of her...
View ArticleHamlin -v- Hamlin; CA 1986
References: [1986] Fam 11 Coram: Kerr LJ Ratio:A plaintiff under the 1975 Act must show as against each defendant that where that defendant is out of the jurisdiction that the order for payment would...
View ArticleLucas -v- Lucas; 13 Nov 1729
References: [1729] EngR 364, (1729) 2 Lee 576, (1729) 161 ER 445 (B) Links: Commonlii Ratio:Administration grated to a wife, under a special power from her husband, who was beyond seas. Last Update:...
View ArticleHoltham -v- Arnold; 1986
References: [1986] 2 BMLR 123 Coram: Hoffmann J Ratio:The court considered how it might decide between the competing claims of different family members to have control over the burial of the deceased....
View ArticleWinkler and Another -v- Shamoon and Others; ChD 15 Feb 2016
References: [2016] EWHC 217 (Ch), [2016] WLR(D) 101 Links: Bailii, WLRD Coram: Henry Carr J Ratio:The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under the...
View ArticleRe Jolley; CA 1964
References: [1964] P 262, [1964] 1 All ER 596 Ratio:If a will has already been proved in common form, any person challenging the will must commence a probate action for the revocation of the previous...
View ArticleIn Re Estate of Monica Dale Dec, Proctor -v- Dale; ChD 11 Feb 1993
References: Gazette 07-Apr-1993, Times 16-Feb-1993, Independent 14-Apr-1993, [1993] 4 All ER 129 Coram: Morritt J Ratio:The claimant’s parents had made mutual wills dividing their estates equally...
View ArticleIn re Dellow’s Will Trusts; Lloyd’s Bank -v- Institute of Cancer Research;...
References: [1964] 1 WLR 451 Coram: Ungoed-Thomas J Ratio:Husband and wife, having made mutual wills each leaving their estate to the other, had been found dead in their home from coal gas poisoning....
View ArticleRe Ashton; ChD 1897
References: [1897] 2 Ch 574 Coram: Stirling J Ratio:Stirling J said: ‘Prima facie the duty of making a provision for a child falls on the father, but may fall on or be assumed by some other person. I...
View ArticleMarckx -v- Belgium; ECHR 13 Jun 1979
References: 6833/74, (1979) 2 EHRR 330, [1979] ECHR 2 Links: Bailii Coram: Sir Gerald Fitzmaurice Ratio:The complaint related to the manner in which parents were required to adopt their own...
View ArticleRe Hughes; 1943
References: [1943] Ch 296 Ratio: This case is cited by: Cited – Howard -v- Howard-Lawson Bt CA (Bailii, [2012] EWCA Civ 6) The parties disputed the effect of a names and arms clause in a will. Held:...
View ArticleBarron -v- Woodhead and Another; ChD 25 Jun 2008
References: [2008] WTLR 1675, [2008] Fam Law 844, [2008] EWHC 810 (Ch), [2009] 1 FLR 747, [2009] 2 FCR 631 Links: Bailii Coram: Behrens J Ratio:The claimant sought provision under the 1975 Act from the...
View ArticleLloyd -v- Jones and Others; ChD 2 Jun 2016
References: [2016] EWHC 1308 (Ch) Links: Bailii Coram: Cooke HHJ Ratio:Challenge to validity of will, on grounds of lack of capacity and want of knowledge and approval of its terms. Last Update:...
View ArticleX -v- Y, Z sub nom In re E (Enduring power of attorney); ChD 18 Feb 2000
References: [2000] EWHC Ch 144, [2001] Ch 364, [2000] 1 FLR 882, [2000] 3 All ER 1004, [2000] 3 WLR 1974 Links: Bailii Coram: Mrs Justice Arden DBE Ratio:The application was an appeal against an order...
View ArticleDobson and Dobson -v- North Tyneside Health Authority and Newcastle Health...
References: Times 15-Jul-1996, Gazette 29-Aug-1996, [1997] 1 WLR 596, [1996] EWCA Civ 1301, (1997) 33 BMLR 146,, [1997] 1 FLR 598, [1997] 8 Med LR 357, [1996] 4 All ER 474, [1997] Fam Law 326, [1997] 2...
View ArticleRe J(C); CoP 2012
References: [2012] WTLR 121 Coram: Lush J Ratio:Lush J doubted that a proper consideration when setting the terms for a statutory will under the 2005 Act, would be the desirability of the deceased...
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