The testator left his residuary estate to his ‘niece Eliza.’ He had no niece called Eliza but his wife had an illegitimate grandniece called Eliza, to whom the evidence of their relationship showed that he must have intended to refer, and also, as it happened, a legitimate grandniece called Eliza.
Held: The estate went to the legitimate grandniece and that evidence of the relationship between the testator and the illegitimate grandniece was inadmissible. ‘This is one of those painful cases in which it is probable that the testator’s intention will be defeated’ but ‘. . where the person most nearly answering the description is the legitimate grandniece of the testator’s wife . . no evidence can be admitted to prove that her illegitimate grandniece was intended.’
Judges:
Lindley LJ, AL Smith LJ
Citations:
[1894] 2 Ch 83, [1894] UKLawRpCh 38
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 21 April 2022; Ref: scu.185092