The testator appointed ‘Francis Courtnay Thorpe, of Hampton . . Middlesex’ to be his executor. There was a Francis Courtenay Thorpe of Hampton, Middlesex. He was however only 12 years old and his father Francis Corbet Thorpe, of Hampton, Middlesex, was an old friend of the testator.
Held: These facts were inadmissible. Lord Penzance said: ‘If I am at liberty to look at the facts stated in the affidavits, I may possibly have no difficulty in deciding that the person meant is the father, but the question is, whether I am at liberty to do so.’ and ‘The testator makes use of a description which applies in fact to one person, and not to any other.’
Lord Penzance
(1870) LR 2 PD 46, [1870] UKLawRpPro 8
Commonlii
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: 18 December 2021; Ref: scu.185091