Capron v Capron: 1874

By a will made before the 1870 Act, but amended by a codicil after the Act commenced to the use of his wife with remainders over. After her death having inherited the property, the parties disputed the apportionment of the rents.
Held: The rents were to be apportioned under the 1870 Act. The court noted that an equivalent result would have obtained without the codicil.


Malins V-C


(1874) 29 LT 826, [1874] LR17 Eq 288, 43 LJ Ch 677, 22 WR 347


Apportionment Act 1870


England and Wales

Cited by:

CitedFassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd CA 30-Sep-2004
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company.
Held: A company . .
CitedMarks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another SC 2-Dec-2015
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance.
Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Wills and Probate

Updated: 13 May 2022; Ref: scu.215868