Swaffield v Orton: 2 Jun 1847
References: [1847] EngR 576, (1847) 1 De G and Sm 326, (1847) 63 ER 1088 Links: Commonlii Ratio: A testator, after bequeathing to his daughter (a widow) an annuity, and directing his trustees to set...
View ArticleIn the Goods of Oswald: 1874
References: (1874) LR 3 P and D 162 Coram: Sir James Hannen P Ratio: The deceased made a will with two codicils and a later will with a clause of revocation. Probate was sought in respect of all four...
View ArticleStewart v Secretary of State for Work and Pensions: CA 29 Jul 2011
References: [2011] EWCA Civ 907, [2011] UKHRR 1048 Links: Bailii Coram: Rix LJ, Sir Henry Brooke, Dame Janet Smith Ratio: The court considered the arrangements for providing public support for the...
View ArticleMoorhead v Moorhead: ChNI 11 Jan 2002
References: [2002] NICh 1 Links: Bailii Ratio: The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse...
View ArticlePayne and Another v Payne: CA 4 May 2018
References: [2018] EWCA Civ 985, [2018] WLR(D) 277, WLRD Links: Bailii Ratio: Appeal from refusal to admit second will to probate – improper attestation. Jurisdiction: England and Wales Last Update:...
View ArticleRe Fleming’s Will Trusts: 1974
References: [1974] 3 All ER 323 Ratio: By his Will made in 1969, the testator bequeathed to the first defendants his leasehold house at Narcissus Road. The house was than held under a lease term...
View ArticleRe Beadle: 1974
References: [1974] 1 WLR 417 Coram: Goff J Ratio: Although it is unnecessary that the attesting witnesses know that the document they are signing is a will, it is necessary to show that the attesting...
View ArticleCapron v Capron: 1874
References: (1874) 29 LT 826, [1874] LR17 Eq 288, 43 LJ Ch 677, 22 WR 347 Coram: Malins V-C Ratio: By a will made before the 1870 Act, but amended by a codicil after the Act commenced to the use of his...
View ArticleSt John v Bishop of Winton: 1774
References: [1774] EngR 31, (1774) 1 Cowp 94, (1774) 98 ER 985 Links: Commonlii Ratio: One possessed of three species of estates in the county of H. viz. one by articles wholly executory, another...
View ArticleRe Besterman, decd: CA 1984
References: [1984] Ch 458 Coram: Oliver LJ Ratio: In the case of an application under the Act by a surviving spouse, maintenance is not the only, or even the dominant, consideration to be taken into...
View ArticleMoody v Stevenson: CA 12 Jul 1991
References: [1992] Ch 486, [1992] 2 WLR 640, [1992] 2 All ER 524, Independent 17-Sep-1991, Times 30-Jul-1991 Coram: Mustill LJ and Waite J Ratio: The widower aged 81, appealed against refusal of...
View ArticleKrubert, Re: CA 27 Jun 1996
References: Gazette 17-Jul-1996, Times 16-Jul-1996, [1997] Ch 96, [1996] EWCA Civ 1346 Links: Bailii Coram: Nourse LJ, Cazalet J Ratio: The beneficiaries under the will appealed against an order under...
View Article14 Jac Cr 417 Saunders v Esterby, Hob 216, v Collateral Assumpsit, Collateral...
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 ArticleTish and Others v Olley and Others: ChD 9 May 2018
References: [2018] EWHC 1069 (Ch) Links: Bailii Ratio: Request for construction of clause in the will Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and...
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 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 ArticleDingle v Turner and Others: HL 16 Feb 1972
References: [1972] 2 WLR 523, [1972] UKHL 2, [1972] AC 601 Links: lip, Bailii Coram: Viscount Dilhorne, Lord MacDermott, Lord Hodson, Lord Simon of Glaisdale and Lord Cross of Chelsea Ratio: The...
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 ArticleRe Barker: Nemes v Baker: 1995
References: [1995] 2 VR 439 Coram: Tadgell J Ratio: (Supreme Court of Victoria) Tadgell J said: ‘The very existence of a revocation clause in a will is, however, prima facie solemnly eloquent of the...
View Article