Ward v Holman: 1964
References: [1964] 2 QB 580 Coram: Gorrell Barnes J Ratio: Section 3 of the 1861 Act abrogated the common law rule that a change of domicile operated as a revocation of a testamentary disposition. The...
View ArticleKeenan v Handley: 1864
References: 1864 12 WR 1021 Ratio: The court considered the availability of specific performance as a remedy to a personal representative. This case is cited by: Cited – Beswick v Beswick HL ([1968] AC...
View ArticleRe Ratcliff: 1898
References: [1898] 2 Ch 352 Ratio: The court has no inherent jurisdiction to remove a personal representative in that capacity. This case is cited by: Cited – The Thomas and Agnes Carvel Foundation v...
View ArticleLoder v Loder and Others: 8 Jun 1730
References: [1730] EngR 285, (1730) Sel Cas T King 356, (1730) 25 ER 437 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 12 March 2019 Ref: 387914 The post Loder v Loder and...
View ArticleCobbett v Ludlam, Executor of Oldfield: 26 Nov 1855
References: [1855] EngR 839, (1855) 11 Exch 446, (1855) 156 ER 906 Links: Commonlii Ratio: O, the defendant’s testator, instituted a suit in Chancery for the administration of the estate and effects of...
View ArticleWilleter v Dobie: 23 Jun 1856
References: [1856] EngR 706, (1856) 2 K and J 647, (1856) 69 ER 942 Links: Commonlii Ratio: A married woman, by her will, in exercise of a power of appointment over trust moneys, made several bequests,...
View ArticleBrooke v Garrod: 20 Jul 1857
References: [1857] EngR 783, (1857) 3 K and J 608, (1857) 69 ER 1252 Links: Commonlii Ratio: This case cites: See Also – Brooke v Garrod ((1857) 3 K and J 608, (1857) 2 De G and J 62, [1857] EngR 4...
View ArticleCancer Research Campaign v Ernest Brown: 1998
References: [1997] STC 1425, [1998] PNLR 592 Ratio: An executor does not usually owe a duty to advise a beneficiary in connection with the affairs of the beneficiary. Tax avoidance is not an idea that...
View ArticleLowthorpe-Lutwidge v Lowthorpe-Lutwidge: 1935
References: [1935] P 151 Coram: Langton J Ratio: The burden that lies on the party seeking to prevent an express clause of revocation in a will from having the effect that would follow from the plain...
View ArticlePhillips v Low: ChD 1892
References: [1892] 1 Ch 47 Coram: Chitty J Ratio: There had been a conveyance of land with a house on it whose window looked onto other land of the vendor. Held: There was an implied ancillary right...
View ArticlePankhurst v Howell: 1870
References: (1870) LR 6 Ch App 136 Ratio: If both a gift by will to a donee and a later gift inter vivos by the testator to the same donee are a ‘pure bounty’, then the latter gift will not be taken to...
View ArticleIn Re Eardley: 1920
References: [1920] 1 Ch 397 Coram: Sargant J Ratio: The court considered whether a gift might adeem a gift in a will by ‘by a father or a person in loco parentis’ but ‘the matter must be regarded from...
View ArticleRe Ware: 1926
References: [1926] KIN 163 Ratio: No presumption as to any double portion arose in the case of dispositions made in favour of a child by a mother unless she had placed herself in loco parentis to them....
View ArticleIn re Furness: 1901
References: [1901] 2 Ch 346 Ratio: A legacy may be adeemed as a portion ‘when a parent by will gives a legacy to a child . .’ It is not enough to deny ademption to show only that the limitations of the...
View ArticleIn re Vaux: CA 1939
References: [1939] 1 Ch 465 Coram: Sir Wilfrid Greene MR Ratio: The term ‘portion’ has a ‘qualitative significance’ as well as purely quantitative significance. As to the doctrine of ademption: (Sir...
View ArticleIn re Lacon: 1891
References: (1891) 2 Ch 48 Coram: Bowen LJ Ratio: The doctrine of ademption serves to preserve equality between children. Bowen LJ said: ‘ . . it being the view of the law that equality is what the...
View ArticleCooper v MacDonald: 1873
References: (1873) LR 16 Eq 258 Coram: Lord Selbourne Ratio: A testator by will gave a share in his residuary estate to his then unmarred daughter and later, under a marriage settlement to which he was...
View ArticleWatson and Watson: 1864
References: (1864) 33 Beav 574 Ratio: A gift in a will is not to be adeemed by small lifetime gifts – they are not generally ‘portions’ of the inheritance. A gift may be a portion where it is from...
View ArticleRe Ashton: ChD 1897
References: [1897] 2 Ch 574 Coram: Stirling J Ratio: Stirling J said: ‘Prima facie the duty of making a provision for a child falls on the father, but may fall on or be assumed by some other person. I...
View ArticleRosewell v Bennet: 1744
References: (1744) 3 Atk 77, [1744] EngR 1730, (1744) 26 ER 847 Links: Commonlii Coram: Lord Hardwicke Ratio: Where the rule against double portions is held to apply, the effect of the later gift inter...
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