Twist v Tye: 1902
References: [1902] P 92 Coram: Sir Gorell Barnes Ratio: The three plaintiff executors, who had unsuccessfully propounded a will, were also residuary legatees under the will, had themselves managed the...
View ArticleNield-Moir v Freeman: ChD 21 Feb 2018
References: [2018] EWHC 299 (Ch), [2018] WLR(D) 109 Links: Bailii, WLRD Coram: Paul Matthews HHJ Ratio: The Court now ruled on the human rights implications of an order for DNA testig to establish...
View ArticleAitken’s Trustees v Aitken: HL 26 Nov 1969
References: [1969] UKHL 13, 1970 SC (HL) 28, 1970 SLT 66, Links: Bailii Coram: Lord Clyde Ratio: ‘The first question put to us in the case is whether the third party is entitled to a one-third share in...
View ArticleKershaw v Micklethwaite and Others: ChD 12 Feb 2010
References: [2010] EWHC 506 (Ch) Links: Bailii Coram: Newey J Ratio: Application by the claimant, Mr John Kershaw, for some or all of the defendants to be removed as executors of the Will of Mr...
View ArticleChard v Chard (otherwise Northcott), Haye, Winstanley, Lord and Norris: FD 1956
References: [1955] 3 WLR 954, [1956] P 259, [1955] 3 All ER 721 Coram: Sachs J Ratio: If a person has not been heard of for seven years by those who would be likely to hear from them then, if proper...
View ArticleMacdonald v Macdonald’s Executrix: HL 28 Jun 1932
References: [1932] UKHL 3, 1932 SC (HL) 79, 1932 SLT 381 Links: Bailii Ratio: Claim of legitim. Last Update: 28 February 2018 Ref: 279694 The post Macdonald v Macdonald’s Executrix: HL 28 Jun 1932...
View ArticleFarley v Westminster Bank: HL 30 Jun 1939
References: [1939] UKHL 1, [1939] AC 430, 1939 SLT 228, 1939 SC (HL) 6, [1939] 3 All ER 491 Links: Bailii Coram: Lord Atkin Ratio: The House was asked whether gifts in a will were expressed so vaguely...
View ArticleElliot v Joicey: HL 14 Feb 1935
References: [1935] UKHL 3, 1935 SC (HL) 57, [1935] AC 209 Links: Bailii Coram: Lord Tomlin Ratio: Last Update: 28 February 2018 Ref: 279697 The post Elliot v Joicey: HL 14 Feb 1935 appeared first on...
View ArticleCasimir v Alexander: 2001
References: [2001] WTLR 939 Ratio: The father had given his now elderly daughter a house. The parties disputed whether the gift operated as a portion. Held: While such a substantial gift was capable of...
View ArticleAshkettle and Another v Gwinnett: ChD 17 Jul 2013
References: [2013] EWHC 2125 (Ch) Links: Bailii Coram: Christopher Pymont QC Ratio: Probate action by which the Claimants ask the Court to pronounce against the validity of a will and the Defendant (by...
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 ArticleBlackwell v Blackwell: HL 24 Jan 1929
References: [1929] UKHL 1, [1929] AC 328 Links: Bailii Ratio: The House was asked to what extent is it possible to give effect to testamentary intentions that are at variance with the provisions first...
View ArticleIn re Beaumont: ChD 1902
References: [1902] 1 Ch 892 Coram: Buckley J Ratio: Buckley J described a donatio mortis causa as: ‘a singular form of gift. It may be said to be of an amphibious nature being a gift which is neither...
View ArticleIn re Cooper: ChD 17 Oct 2005
References: [2005] EWHC 2389 (Ch) Links: Bailii Coram: Sonia Proudman QC Ratio: Application for revcation of probate. Last Update: 03 March 2018 Ref: 551954 The post In re Cooper: ChD 17 Oct 2005...
View ArticleThe Vegetarian Society and Another v Scott: ChD 7 Nov 2013
References: [2013] EWHC 4097 (Ch) Links: Bailii Coram: Simon Barker QC Ratio: The deceased had left his residuary estate to the claimant charity. Family memmbers now challenged the will for lack of...
View ArticlePendock Barry Barry, Esq v James Butlin, Esq: PC 22 Jun 1836
References: [1836] UKPC 9 Links: Bailii, Commonlii Ratio: The hearing of a cause in the Prerogative Court is one continuous act, and after a cause has been set down for sentence! on tlie second...
View ArticleViva! Campaigns Ltd and Another v Scott: ChD 21 Nov 2013
References: [2013] EWHC 3639 (Ch) Links: Bailii Coram: Simon Barker QC HHJ Ratio: Last Update: 06 March 2018 Ref: 519346 The post Viva! Campaigns Ltd and Another v Scott: ChD 21 Nov 2013 appeared first...
View ArticleMinistry of Health v Simpson; In re Diplock dec: HL 1950
References: [1951] AC 251, (1950) 2 All ER 1137 Coram: Simonds L Ratio: The will of Cable Diplock purported to make a gift to charity, and was distributed accordingly. The house however found the gift...
View ArticleTownsend v Moore: 1905
References: [1905] P 66 Coram: Vaughan Williams LJ Ratio: The court was asked how far a second will had revoked an earlier one. Held: It was necessary for the court to construe the subsequent will. If...
View ArticleCorneby v Gibbons: 14 Mar 1849
References: [1849] EngR 392 (B), (1846) 1 Rob Ecc 705 Links: Commonlii Ratio: A will executed in 1846, containing in the body of it blank spaces, held to be entitled to probate, as the statute is...
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