The testator was entitled to a one half interest in a fund of rupees. Mrs S was entitled to the other half. The testator then purported to dispose of the whole fund; and his purported bequest was of one half of it to Mr S, being Mrs S’s husband, and of the other half of it to Mrs G. After the testator’s death Mrs S died and Mr S became entitled to her half of the fund.
Held: The court declined to put Mr S to an election. At the date of the death Mr S had not been the owner of that other half of the fund. Mr S had, in all, an entitlement to three quarters of the fund.
Sir William James VC
(1869) LR 7 Eq 291
England and Wales
Cited – Frear v Frear and Another CA 2-Dec-2008
Claim for interest in land
The claimant asserted an interest in the house in his mother’s estate and claimed against the personal representatives. He had lived in the house with his mother. He had previously assisted in the purchase of an earlier family home after being . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 10 May 2022; Ref: scu.278404