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 testator should not be taken to intend to allow the omission of trustees to do what he has told them to do to prejudice one beneficiary in favour of another.
Judges:
Roxburgh J
Citations:
(1947) 2 All ER 716
Jurisdiction:
England and Wales
Cited by:
Cited – Naylor and Another v Barlow and Others ChD 19-Jun-2019
‘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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 13 July 2022; Ref: scu.639677