d’Eye v Avery: 2001
References: [2001] WTLR 227 Ratio: Jurisdiction: England and Wales Last Update: 13 December 2017 Ref: 424277 The post d’Eye v Avery: 2001 appeared first on swarb.co.uk.
View ArticleRichards v Allan: ChD 2001
References: [2001] WTLR 1031 Coram: Mr Anthony Mann QC Ratio: The court found that the will at issue was prepared under suspicious circumstances which included the fact that the idea of the will was...
View ArticleOldham Metropolitan Borough Council and Others v Makin and Others: ChD 13 Oct...
References: [2017] EWHC 2543 (Ch), [2017] WLR(D) 670 Links: Bailii, WLRD Coram: Sir Geoffrey Vos, Chancellor of the High Court Ratio: This claim concerns the question of whether certain orders should...
View ArticleGillett v Holt and Another: ChD 18 Jun 1998
References: Gazette 15-Jul-1998, Times 18-Jun-1998, Gazette 01-Jul-1998, [1998] 3 All ER 917 Coram: Carnwath J Ratio: To establish a proprietary estoppel against the testator’s promise to leave items...
View ArticleThorner v Curtis and others: ChD 26 Oct 2007
References: [2007] EWHC 2422 (Ch) Links: Bailii Coram: John Randall QC Ratio: The claimant said that the deceased, his father and a farmer, had made representations to him over many years that if the...
View ArticleSt John Webster v Ashcroft, Penley, and others: ChD 20 Dec 2011
References: [2011] EWHC 3848 (Ch), [2012] 1 WLR 1309 Links: Bailii Coram: Strauss QC J Ratio: The parties disputed the validity of a will, and also whether lands in the estate were subject to a trust...
View ArticleSouthward v Millard: 1675
References: [1675] EngR 1535, (1675) March NR 135, (1675) 82 ER 445 Links: Commonlii Ratio: In an ejectione firme, the defendant pleaded not guilty. Upon which a special verdict was found. Nicholls...
View ArticleJohn Murray of Conheath v James Murray His Younger Brother, Trustee for...
References: [1715] UKHL Robertson_144, (1715) Robertson 144 Links: Bailii Ratio: Fiar – The proprietor of an estate, burdened with apprisings, dying, leaves two lifters, whose husbands enter into a...
View ArticleAdam Cockburn of Ormiston, One of The Senators of The Court of Justice, and...
References: [1712] UKHL Robertson_32, (1712) Robertson 32 Links: Bailii Ratio: Lis finita – After extracting a decreet, with a reservation therein of several point, the objection of Lis finita and that...
View ArticleKatherine Moniepenny, Widow v John Brown, and Isabel His Wife: HL 15 Apr 1711
References: [1711] UKHL Robertson_26, (1711) Robertson 26 Links: Bailii Ratio: A testament executed in extremis reduced, where the testator’s hand was supported and assisted in writing the latter part...
View ArticleAndrew Porteous In Deboig v Thomas Fordyce, and Janet Scott His Wife: HL 26...
References: [1716] UKHL Robertson_183, (1716) Robertson 183 Links: Bailii Ratio: Cautioner – A person who had, without confirming, intromitted with his father’s effects, which were left to him by will...
View ArticleDavid Gregory of Kinnairdy v James Anderson Grazier In Aberdeen: HL 24 Jun 1716
References: [1716] UKHL Robertson_178, (1716) Robertson 178 Links: Bailii Ratio: Donatio inter virumet Uxorem – During the subsistence of a marriage a wife and her sister, who have an equal right to a...
View ArticleAttorney General v Buller: 1789
References: [1789] EngR 93, (1789-1817) 1 Ves Jun Supp 513, (1789) 34 ER 898 (J) Links: Commonlii Ratio: Unless the context of a will evince a different intent, trust estates will pass under a general...
View ArticleShepherd v Wheeler: ChD 2000
References: [2000] WTLR 1175 Coram: Lawrence Collins QC Ratio: An application was made without notice for the appointment of an alleged creditor under section 116 as administrator of the deceased’s...
View ArticleSurtees v Parkin: 10 Jul 1854
References: [1854] EngR 736, (1854) 19 Beav 406, (1854) 52 ER 407 Links: Commonlii Ratio: A testator bequeathed legacies to A., B. and C., payable out of his personal estate, and he devised his real...
View ArticleLetterstedt v Broers: PC 22 Mar 1884
References: [1884] UKPC 1, (1884) 9 App Cas 371, [1884] UKPC 18 Links: Bailii, Bailii Coram: Lord Blackburn Ratio: (Supreme Court of the Cape of Good Hope) Lack of harmony may be of itself a good...
View ArticlePennington and Another v Waine, Crampton and others: CA 4 Mar 2002
References: Times 01-Apr-2002, Gazette 11-Apr-2002, [2002] EWCA Civ 227, [2002] 1 WLR 2075, [2002] 2 BCLC 448, [2002] 4 All ER 215 Links: Bailii Coram: Lord Justice Schiemann, Lord Justice Clarke and...
View ArticleIn Re B: CA 2002
References: [2000] 1 All ER 665 Ratio: Where a child applied under the act as a dependent, he need show only that he did in fact receive sums by way of maintenance, and not additionally that the...
View ArticleRe King’s Will Trusts, Assheton v Boyne: ChD 1964
References: [1964] Ch 542 Coram: Pennycuick J Ratio: An assent by personal representatives is ‘the instrument or act whereby a personal representative effectuates a testamentary disposition by...
View ArticleIn re Dellow’s Will Trusts; Lloyd’s Bank v Institute of Cancer Research: ChD...
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....
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