Residuary legatees filed a bill against the executor and the surviving partner of the testator for an account of partnership transactions. Held: In the absence of a charge of fraud or collusion, there were no special circumstances justifying the legatees’ claim. Judges: Lord Langdale MR Citations: [1837] EngR 840, (1837) 2 Keen 534, (1837) 48 … Continue reading Davies v Davies: CA 12 Jun 1837
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‘two interesting and difficult questions on the law of wills: (1) Where issue succeed to the interest of a parent who predeceased the testator under s.33 of the Wills Act 1837 (as amended), do they take subject to any condition subsequent which would have bound that parent? (2) If so, what is the effect of … Continue reading Naylor and Another v Barlow and Others: ChD 19 Jun 2019
The court considered a suggested disapplication of section 33, and pointed out that there was no requirement that a contrary intention should be expressed in particular terms or that there should be any reference to the section. Nor was it necessary to demonstrate that a conscious decision had been taken to exclude the effect of … Continue reading Hives v Machin: ChD 2017
VL requested a declaration that she was entitled to the entire estate of her father m after his death. The will said that if A (M’s wife) died within a month of M, the estate was to be held on trust for any child aged 21 or more surviving the M by a month. R, … Continue reading Ling v Ling: ChD 2002
The claimant sought revocation of letters of administration granted to the defendant, asserting the existence of a valid will. The defendant said that the will was not validly executed. Only a copy had been found, and one with only one witness. One witness had now deposed that she had only added her signature after the … Continue reading Lim v Thompson: ChD 14 Oct 2009
T died in 1858, and by his will devised his estates on strict successive trusts, directing beneficiaries to take the surname and arms of Dick. Should a beneficiary fail to comply within three months, the bequest should fail for that person and pass to the next as if that person was deceased. After one tenant … Continue reading In Re Quinton Dick (orse Quintin Dick), Concurry (Lord) v Fenton: 1926
A remainderman who fails to enforce a forfeiture of a preceding life estate obtains a fresh right to possession when the life estate terminates on the death of the life tenant. Judges: Sir George Jessel MR Citations: (1874) LR 18 Eq 290, 30 LT 485 Jurisdiction: England and Wales Cited by: Cited – Naylor and … Continue reading Astley v Earl of Essex: CA 1874
A gift over had failed to take effect despite non-compliance with a condition subsequent requiring a village hall to be completed within a certain period of time because assets had not been saleable due to war conditions, making it impossible to build the hall. Unless he has said so ‘in words plain beyond peradventure’, a … Continue reading In Re Jones; Williams v Rowlands: ChD 1947
Where a will imposed an impossible condition on a gift in the will, then the condition is deemed to be spent, and the gift to be unconditional. Judges: HHJ Colyer QC Citations: Times 31-Oct-1995, Gazette 18-Oct-1995 Jurisdiction: England and Wales Cited by: Cited – Naylor and Another v Barlow and Others ChD 19-Jun-2019 ‘two interesting … Continue reading Watson v The National Children’s Home and Others: ChD 9 Oct 1995
The hearing of a cause in the Prerogative Court is one continuous act, and after a cause has been set down for sentence on the second assignation, it is not competent for either of the litigant parties to interpose an appeal, till sentence has been given on the assignation. This was a cause originally instituted … Continue reading Barry v Butlin: 22 Jun 1836
(Court of session Inner House Second Division) Section 27 of the English Wills Act 1837, which provides that ‘a bequest of the personal estate of the testator, or any bequest of personal property described in a general manner, shall be construed to include any personal estate, or any personal estate to which such description shall … Continue reading Bray and Others v Peterkin (Bruce’s Trustee) and Others: SCS 19 Jul 1906
Challenge to grant of probate for home made will. Claim that not executed properly – contention that it was not signed by Mrs Whelen in the presence of 2 witnesses (s 9(1)(c)) and that the two witnesses who attested the will (Mr Hallam and Mrs Tomalin) did so at the request of and in the … Continue reading Royal National Institute for Deaf People and Others v Turner: ChD 18 Nov 2015
The claimants sought to challenge a will admitted to probate, saying that the will had been revoked by the testator later entering into a civil partnership. Held: The effect of the provisions inserted into the 1937 Act was to parallel similar provisions relating to the revocation of wills on a marriage. Accordingly the will as … Continue reading Court and Others v Despallieres: ChD 17 Dec 2009
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now private. She appealed an order declaring the continued public rights. Held: The applicant … Continue reading Rowland v The Environment Agency: CA 19 Dec 2003
References: (1937) 57 CLR 666, [1937] HCA 52 Links: Austlii Coram: Dixon J, Latham CJ Ratio: (High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a … Continue reading Birmingham v Renfrew; 11 Jun 1937
