The testator gave an option to his son to purchase his farm ‘at the agricultural value thereof determined for probate purposes . . as agreed with the district valuer’. The district valuer would not participate in this valuation.
Held: The provisions for agreement with the district valuer were merely a matter of machinery. The testator’s intention as to the basis of valuation was clear. The court would therefore substitute effective and workable machinery, and directed an enquiry.
Judges:
Megarry VC
Citations:
[1985] Ch 42
Jurisdiction:
England and Wales
Cited by:
Cited – Portsmouth City Football Club v Sellar Properties (Portsmouth) Limited, Singer and Friedlander Properties Plc ChD 17-Sep-2003
Various contracts were entered into for the sale of land, with compensation being paid in certain circumstances. One contract required a calculation of consideration as a set figure less a sum to be calculated as the cost of acquiring land. The sum . .
Cited – Dutton and Dutton v Dutton and Brown ChD 3-Feb-2000
An option was granted by the will. Its validity was challenged because of difficulties in the method of reaching a valuation. It was occupied and it could not be agreed whether an assumption was to be made that the occupier would consent to the . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 28 May 2022; Ref: scu.186477
