City of Glasgow Bank Liquidation – (Buchan’s Case) John Buchan v The...
References: [1879] UKHL 512, 16 SLR 512 Links: Bailii Coram: Lord Chancellor (Cairns), Lord Hatherley, Lord O’Hagan, Lord Selborne, and Lord Gordon Ratio: Public Company – Winding-up – Trustees and...
View ArticleIn re MB (A Patient) (Court of Protection: Appeal): CA 1 Nov 2005
References: [2005] EWCA Civ 1293, Times 10-Nov-2005 Links: Bailii Coram: Sir Peter Gibson (President) Ratio: The applicant appealed an order that a statutory will be executed for the patient, who...
View ArticleBrown v Hudson and others: ChD 21 Oct 2005
References: [2005] EWHC 2295 (Ch) Links: Bailii Ratio: Jurisdiction: England and Wales Last Update: 06 June 2019 Ref: 234708 The post Brown v Hudson and others: ChD 21 Oct 2005 appeared first on...
View ArticleUpton v National Westminster Bank Plc and others: CA 14 Nov 2005
References: [2005] EWCA Civ 1479 Links: Bailii Ratio: The claimant said that he had been disinherited from his grandfather’s will being illegitimate. Jurisdiction: England and Wales This case is cited...
View ArticleFielden, Graham (Executors of Cunliffe deceased) v Cunliffe: CA 6 Dec 2005
References: [2005] EWCA Civ 1508, [2006] Ch 361, (2005-06) 8 ITELR 855, [2006] 1 FLR 745, [2006] Fam Law 263, [2006] 2 All ER 115, [2005] 2 WLR 481, [2005] 3 FCR 593, [2006] WTLR 29 Links: Bailii...
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 ArticleRe Williams Deceased, Wiles v Madgin: ChD 1985
References: [1985] 1 WLR 905, [1985] 1 All ER 964 Coram: Nicholls J Ratio: A testator writing out his own will can make a clerical error just as much as someone else writing out a will for him. ‘In...
View ArticleNational Society for the Prevention of Cruelty to Children v Scottish...
References: [1915] AC 207 Coram: Earl Loreburn, Parmoor, Atkinson, Shaw LL Ratio: A Scotsman left his money to a beneficiary which he called the National Society for the Prevention of Cruelty to...
View ArticleAlexander Burnet, Charge Des Affaires At The Court of Berlin v Sir Thomas...
References: [1766] UKHL 2 – Paton – 122, (1766) 2 Paton 122 Links: Bailii Ratio: Succession – Adjudications – Destination – Heirs Whatsoever – Confusio.- Adjudications were purchased up by the heir...
View ArticleMrs Eupham Hamilton, Widow of Charles Hamilton, Esq, and Bethia and Charlotte...
References: [1767] UKHL 2 – Paton – 137, (1767) 2 Paton 137 Links: Bailii Ratio: Heir and Executor – Apparency – Rents.- Held, reversing the judgment of the Court of Session, that the executors, and...
View ArticleJackson and Gill v Paulet: 16 Jan 1851
References: [1851] EngR 131, (1851) 2 Rob Ecc 345, (1851) 163 ER 1340 Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 12 June 2019 Ref: 296447 The post Jackson and Gill v Paulet:...
View ArticleBain’s Trustees v Bain: HL 5 Aug 1902
References: [1902] UKHL 66, 40 SLR 66 Links: Bailii Coram: Lord Macnaghten, Lord Davey, Lord Brampton, and Lord Lindley Ratio: A testator, the residue of whose estate was divisible under his settlement...
View ArticleDellar v Zivy and others: ChD 9 Oct 2007
References: [2007] EWHC 2266 (Ch) Links: Bailii Coram: Kitchin J Ratio: Disappointed beneficiaries said they had been told that the deceased would leave certain shares to them. He did not do so, and...
View ArticleLindop v Agus and Others: ChD 2 Jul 2009
References: [2009] EWHC 1795 (Ch), [2009] WTLR 1175, [2009] Fam Law 808 Links: Bailii Coram: Behrens J Ratio: Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England...
View ArticleAgulian and Another v Cyganik: CA 24 Feb 2006
References: [2006] EWCA Civ 129 Links: Bailii Coram: Mummery LJ, Longmore LJ, Lewison J Ratio: The question was whether the deceased had lost his domicile of birth and acquired one of choice when...
View ArticleWilliams v Hensman: 10 Jun 1861
References: [1861] 1 John and Hem 546, [1861] 30 LJ CH 878, [1861] 5 LT 203, [1861] 7 Jur NS 771, [1861] 70 ER 862, [1861] EWHC Ch J51 Links: Bailii Coram: Sir William Page Wood VC Ratio: A fund of...
View ArticleChannon and Another v Perkins (A Firm): CA 1 Dec 2005
References: [2006] WTLR 425, [2005] EWCA Civ 1808 Links: Bailii Coram: Arden LJ, Neuberger LJ, Mummery LJ Ratio: A will was challenged by the family. The witnesses had said that they did not remember...
View ArticleRogers, Re In the Estate of: ChD 6 Apr 2006
References: [2006] EWHC 753 (Ch), Times 03-May-2006, [2006] 2 All ER 792, [2006] 1 WLR 1577 Links: Bailii Coram: Lightman J Ratio: The deceased appointed partners in a firm of solicitors to act as her...
View ArticleDean v Bhim (Trinidad and Tobago): PC 11 Mar 2019
References: [2019] UKPC 10 Links: Bailii Coram: Lord Kerr Lord Wilson Lord Lloyd-Jones Lord Briggs Lady Arden Ratio: (From the Court of Appeal (Trinidad and Tobago))Contested probate proceedings – only...
View ArticleIn Re Sinclair, deceased: CA 1985
References: [1985] Ch 446 Coram: Slade LJ Ratio: The testator, a divorcee had already made a will leaving his estate to his wife, with a proviso that if she predeceased him or did not survive him for...
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