Buchanan v Campbell: SCS 1 Jun 1601
References: [1601] Mor 1353 Links: Bailii Ratio: Lands or goods of a bastard, or person deceasing without heirs, pertain not to the Lord of Regality, unless specially expressed in his infeftment Mr...
View ArticleRe Leach, Leach v Lindeman: CA 1985
References: [1986] Ch 226, [1985] 2 All ER 754 Ratio: An adult may be a person who has been ‘treated by the deceased as a child of the family’ within the Act. Statutes: Inheritance (provision for...
View ArticleCaffrey v Darby: 1789
References: [1789] EngR 325, (1789-1817) 1 Ves Jun Supp 619, (1789) 34 ER 948 (C) Links: Commonlii Ratio: As a general rule, executors must get in the property of the testator by all possible remedies....
View ArticleAlexander Murray, of Broughton, Esq; v George Bullerwell, Gentleman: HL 12...
References: [1723] UKHL Robertson_436, (1723) Robertson 436 Links: Bailii Ratio: Process – In a competition between two persons, claiming to be heirs to an estate, the inquest refused to retour either...
View ArticleWilliam Jospeh Kirwan (Executor William Kirwan and Mary A Kirwan) v Devereux...
References: [1998] EWCA Civ 452 Links: Bailii Ratio: Last Update: 04 January 2018 Ref: 143930 The post William Jospeh Kirwan (Executor William Kirwan and Mary A Kirwan) v Devereux and Co Browne and...
View ArticleWright v Rogers: 1869
References: (1869) LR 1 PD 678 Coram: Lord Penzance Ratio: The survivor of the attesting witnesses of a will, which was signed by the testator and the witnesses at the foot of an attestation clause,...
View ArticleAtter v Atkinson: 1869
References: [1869] 1 P & D 665 Ratio: Jurisdiction: England and Wales This case is cited by: Cited – In re Morris Deceased ChD ([1971] P 62, [1970] 1 All ER 1057, [1970] 2 WLR 865) A mistake was...
View ArticleGoncharova v Zolotova and Others: QBD 28 Oct 2015
References: [2015] EWHC 3061 (QB) Links: Bailii Coram: Thirlwall DBE J Ratio: The claimant sought an order for the exhumation of the body of a person she said was her father in order o claim against...
View ArticleRe Orwell’s Trust: ChD 1982
References: [1982] 1 WLR 1337 Coram: Vinelott J Ratio: The term ‘firm’ may include a company: ‘Whilst the term ‘firm’ in its narrowest sense is apt to describe an unincorporated partnership it is in...
View ArticleTrustees of Estate of D A Davis v Davis: CA 20 Sep 1996
References: [1996] EWCA Civ 605 Links: Bailii Ratio: Last Update: 12 January 2018 Ref: 140472 The post Trustees of Estate of D A Davis v Davis: CA 20 Sep 1996 appeared first on swarb.co.uk.
View ArticleIn the Goods of Boehm: 1891
References: [1891] P 247 Coram: Jeune J Ratio: It was proved that a mistake had occurred in a clause giving a pecuniary legacy. The testator had intended one person to be named as the legatee, and by a...
View ArticleIn The Goods of William Jones: 7 Nov 1855
References: [1855] EngR 756 (B), (1855) Dea and Sw 3 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 21-Jan-18 Ref: 292678 The post In The Goods of William Jones: 7 Nov 1855...
View ArticleDufour v Pereira: 1769
dufour_pereira1769 References: (1769) 1 Dick 419, (1769) 2 Harg Jurid Arg 304, [1769] EngR 63, (1769) Dick 419, (1769) 21 ER 332 Links: Commonlii Coram: Lord Camden LC Ratio: The court was asked as to...
View ArticleRe Casmore: 1869
References: (1869) LR 1 P and D 653 Ratio: This case is cited by: Cited – Weatherhill v Pearce ChD (Times 07-Nov-94, Ind Summary 05-Dec-94) The testatrix had signed her name by the attestation clause...
View ArticleWesley v Chantler and Others: ChD 16 Jan 2018
References: [2018] EWHC 21 (Ch) Links: Bailii Coram: Simon Barker QC HHJ Ratio: Jurisdiction: England and Wales Last Update: 23-Jan-18 Ref: 602673 The post Wesley v Chantler and Others: ChD 16 Jan 2018...
View ArticleCole v Scott: 14 Jun 1848
References: [1848] EngR 615, (1848) 16 Sim 259, (1848) 60 ER 873 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 23-Jan-18 Ref: 300165 The post Cole v Scott: 14 Jun 1848 appeared...
View ArticleCole v Scott: 14 Jun 1848
References: [1848] EngR 615, (1848) 16 Sim 259, (1848) 60 ER 873 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 23-Jan-18 Ref: 300165 The post Cole v Scott: 14 Jun 1848 appeared...
View ArticleSargeant v Sargeant and Another: ChD 9 Jan 2018
References: [2018] EWHC 8 (Ch) Links: Bailii Coram: David Cooke HHJ Ratio: Application for leave to bring claim out iof time under the 1975 Act by widow. Statutes: Inheritance (Provision for Family and...
View ArticleBarraclough v Mell and others: ChD 1 Dec 2005
References: [2005] EWHC B17 (Ch) Links: Bailii Ratio: Moneys due under a will had been misdistributed. The correct beneficiary sought repayment. The executor sought to rely upon a trustee exemption...
View ArticlePrice v Gould: 1930
References: (1930) 46 TLR 411 Coram: Wright J Ratio: In relation to wills and settlements the legislature had used the word ‘family’ ‘to introduce a flexible and wide term’ so that brothers and sisters...
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