The parties disputed the effect of a names and arms clause in a will.
Held: The gift did not fail. ‘The submission that the testator would have been concerned to have the heir take up and use the Howard name as soon as possible is in my judgment inherently improbable given the antiquity of the Howard name. On this basis, there is no obligation to take up the name if an application for a Royal Licence is made but not granted within the year, and accordingly there is no ‘refusal’ or ‘neglect’ to take up the Howard name for the purposes of the forfeiture provision.’
Judges:
Arden, Black, Kitchin LJJ
Citations:
[2012] EWCA Civ 6
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Bromley v Tyron 1952
Lord Simonds LC said: ‘Then it was said that even so the words are uncertain in content, for it is purely a question of degree what constitutes the ‘bulk’. I cannot accept this contention. I think that according to the ordinary use of language the . .
Cited – Howard’s Will Trusts, Leven and Bradley ChD 1961
It is undesirable that different judges of the same division should speak with different voices. A judge of first instance ought usually follow the decision of another judge of the same court unless there are substantial reasons for believing that . .
Cited – Grant v Grant 1870
Blackburn J said: ‘The will is the language of the testator, soliloquizing, if one may use the phrase, and the Court in construing his language may properly take into account all that he knew at the time, in order to see in what sense the words were . .
Cited – Re Neeld deceased, Carpenter v Inigo-Jones CA 1962
The court considerd the interpretation of a Names and Arms clause in a will under which the testator directed that any person becoming entitled to a particular gift under the will must: ‘take upon himself and use upon all occasions the surname of . .
Cited – Austen v Collins 1886
A condition in a will that a beneficary ‘take steps’ means that the heir must make every endeavour. . .
Cited – Re Hughes 1943
. .
Cited – Re Quinton Dick 1926
. .
Cited – Re Croxon 1904
A Royal Licence to take up a coat of arms specified by the testator could not be obtained because it could not be shown that the testator was entitled to those particular arms. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 04 October 2022; Ref: scu.450322