References: (1808) 15 Ves Jun 248, 33 ER 748, [1808] EngR 326, (1808) 15 Ves Jun 248, (1808) 33 ER 748
Links: Commonlii
Bequest of residue in trust in case A shall within six months after testator’s decease give security not to marry B then and not otherwise to pay to the children of A; with a proviso to go over if she shall refuse or neglect to give such security. A condition precedent. Six months exclusive of day of death – security given on six months anniversary.
Held: There was no general rule in computing time from an act or event that the day is inclusive or exclusive – depends on the reason of the thing according to circumstances.
This case is cited by:
- Cited – Trafford Metropolitan Borough Council -v- Total Fitness UK Ltd CA (Gazette 07-Nov-02, Bailii, [2002] EWCA Civ 1513)
The landlord served a notice to quit. It gave a date calculated by reference to the notice period, but then stated the date on which it expired. Under the rule in Lester, the notice period only began on the day after service, and that resulted in a . . - Cited – Dodds -v- Walker HL ([1981] 1 WLR 1027, [1981] 2 All ER 609)
The landlord served his notice to determine the tenancy on the last day of a 30 day month. The tenant served his counternotice on the 31st day of the month four months later.
Held: Dismissing the tenant’s appeal, the House found that the court . .
