The testator bequeathed certain shares and declared that they ‘shall carry the interest accruing thereon at my death.’
Held: But for this clause the Apportionment Act would have allowed the residuary legatees to take the benefit of the dividends up to the date of death. Lord Lindley MR said that the clause amounted to ‘a stipulation, within the meaning of section 7, that no apportionment shall take place.’
Judges:
Lord Lindley MR
Citations:
[1898] 1 Ch 115
Jurisdiction:
England and Wales
Cited by:
Cited – Tael One Partners Ltd v Morgan Stanley and Co International Plc SC 11-Mar-2015
This appeal raises a question of contractual interpretation. Its significance lies in the fact that the contractual condition in question forms part of the Loan Market Association standard terms and conditions for par trade transactions which are a . .
Cited – Hartley and Others v King Edward VI College SC 24-May-2017
The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 08 August 2022; Ref: scu.564965
