Stretchly and Vermuden (No 2): 1685
References: [1685] EngR 3076, (1685) 3 Keb 712, (1685) 84 ER 968 (C) Links: Commonlii Ratio: Jurisdiction: England and Wales This case cites: See Also – Stretchy And Vermuden (No 1) (Commonlii, [1685]...
View ArticleTaylor and others v Midland Bank Trust Company Limited: CA 21 Jul 1999
References: [1999] EWCA Civ 1917 Coram: Stuart-Smith and Buxton LJJ and Rattee J Ratio: Stuart-Smith LJ rationalised the possible conflict between Part 24 and the practice direction to Part 24 in its...
View ArticleBest v Stonehewer: 1864
References: (1865) 2 De G J and Sm 537 CA, (1864) 34 Beav 66 Ratio: Jurisdiction: England and Wales This case is cited by: Cited – In Re Thurlow, Decd Riddick and Another v Kennard and Others ChD (lip)...
View ArticleIn The Matter of Martha Brown, Ex Parte Newton Wallop: 26 Jul 1792
References: [1792] EngR 3157, (1792) 4 Bro CC 90, (1792) 29 ER 794 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 10 March 2019 Ref: 361369 The post In The Matter of Martha Brown,...
View ArticleStretchy And Vermuden (No 1): 1685
References: [1685] EngR 3077, (1685) 3 Keb 723, (1685) 84 ER 974 (B) Links: Commonlii Ratio: Executors Jurisdiction: England and Wales This case is cited by: See Also – Stretchly and Vermuden (No 2)...
View ArticleIn re Bentham’s Will Trusts: 1995
References: [1995] STC 210 Ratio: Jurisdiction: England and Wales This case is cited by: Not followed – In Re Ratcliffe, Deceased ChD (Times 19-Mar-99, Gazette 17-Mar-99, Gazette 31-Mar-99) When...
View ArticleIn re Segelman (dec’d): ChD 1996
References: [1996] Ch 171, [1996] 2 WLR 173, [1995] 3 All ER 676 Coram: Chadwick J Ratio: The burden of proof which falls on a disappointed beneficiary who seeks rectification of the will, saying that...
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....
View ArticleWarren v Kelson: 9 Mar 1859
References: [1859] EngR 400 (B), (1859) 1 Sw and Tr 290 Links: Commonlii Ratio: Letters of Admiriistration with Will annexed -Grant de bonis non – Residuary Legatee – Next of Kin Last Update: 10 March...
View ArticleLucas v Lucas: 13 Nov 1729
References: [1729] EngR 364, (1729) 2 Lee 576, (1729) 161 ER 445 (B) Links: Commonlii Ratio: Administration granted to a wife, under a special power from her husband, who was beyond seas. Last Update:...
View ArticleCampbell v Campbell: 15 Jul 1842
References: [1842] EngR 893, (1842) 13 Sim 168, (1842) 60 ER 65 Links: Commonlii Ratio: If an executor in India collects part of the assets there and then comes to England and has the remainder...
View ArticleGallant And Another v Bouteflower: 26 Nov 1781
References: [1781] EngR 113, (1781) 3 Doug 34, (1781) 99 ER 525 (C) Links: Commonlii Ratio: Counts on promises to a testator may be joined with counts on promises to the executor, and in answer to a...
View ArticleHaws v Haws: 26 Jun 1747
References: [1747] EngR 120, (1747) 3 Atk 524, (1747) 26 ER 1102 (B) Links: Commonlii Ratio: Last Update: 11 March 2019 Ref: 380136 The post Haws v Haws: 26 Jun 1747 appeared first on swarb.co.uk.
View ArticleRe Rapley, deceased: ChD 1983
References: [1983] 1 WLR 1069 Coram: Judge Finlay QC Ratio: The deceased was an apprentice with Ellerman City Lines. He was discharged from one ship on 7 October 1960 and joined another of his...
View ArticleDolman v Smith: 1716
References: [1716] EngR 14, (1716) Prec Ch 456, (1716) 24 ER 204 Links: Commonlii Ratio: A. directed his debts and legacies to be paid out of the rents of his real estate. and that his executor should...
View ArticleSmith v Vanger Colgay: 1653
References: [1653] EngR 1821, (1653) Cro Eliz 384, (1653) 78 ER 630 (C) Links: Commonlii Ratio: An administrator may maintain an action for trespass in the lifetime of the intestate. Last Update: 11...
View ArticleRe Flynn: ChD 1982
References: [1982] 1 WLR 310 Coram: Slade J Ratio: The deceased, who had given instructions for the preparation of the codicil some time earlier, was gravely ill after a heart attack at the time when...
View ArticleIn the Estate of Wayland: 1951
References: [1951] 2 All ER 1041 Ratio: Where a testator makes will in different jurisdictions, if each will deals only with property in a different country, the later will does not revoke the earlier...
View ArticleRe Flynn Deceased: ChD 1982
References: [1982] 1 WLR 310 Coram: Slade J Ratio: An application was made to dismiss a challenge to a codicil on the basis that the claim disclosed no cause of action. The deceased, who had given...
View ArticleRe Allen (dec’d): CA 1953
References: [1953] Ch 810, [1953] 1 All ER 308 Coram: Evershed LJ MR, Birkett LJ Ratio: The testator had devised property to the eldest of the sons of his nephew ‘who shall be a member of the Church of...
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