Results: 17

• Lowthorpe-Lutwidge v Lowthorpe-Lutwidge

  17 Apr 1935 [1935] P 151, PDA

  Subsequent citations: 3.
  WILL — Exercise of power of appointment — General revocatory clause in subsequent testamentary papers
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  Case index catchwords

  WILL — Exercise of power of appointment — General revocatory clause in subsequent testamentary papers — Rebuttal of presumption of revocation of exercise of power — Evidence.

• In re Davy (Arthur Henry)

  13 Jul 1934 [1935] P 1, PDA

  LEGITIMACY — Legitimacy declaration — Evidence
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  Case index catchwords

  LEGITIMACY — Legitimacy declaration — Evidence — Declarations of deceased relatives made ante litem motam — Extension to Petitions under the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), of the rule admitting Declarations in Pedigree cases generally — Relationship of Declarant to Petitioner itself an issue for decision on Petition — Declarations “ante litem motam” defined as to their date.

  1 Statute considered

• Davies Otherwise Mason v Davies

  26 Nov 1934 [1935] P 58, PDA

  NULLITY — Incapacity to consummate — Jurisdiction
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  Case index catchwords

  NULLITY — Incapacity to consummate — Jurisdiction — Suit by incapable Petitioner — Repudiation of marriage contract by Respondent.
• Skarp, The

  07 Jun 1935 [1935] P 134, PDA

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  SHIPPING — Damage to Cargo — Bill of Lading
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  Case index catchwords

  SHIPPING — Damage to Cargo — Bill of Lading — “Shipped in good order and condition” — “Condition …. unknown” — Contract — Estoppel — Short delivery — Bill of lading “conclusive evidence” of quantity deliv

• In The Estate of Edward Athelstane Lewis Powell

  25 Feb 1935 [1935] P 114, PDA

  PROBATE — Settled Land — Untraced Representation to Settlor
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  Case index catchwords

  PROBATE — Settled Land — Untraced Representation to Settlor — Will of subsequent testator interested under settlement — Probate of Will save and except Settled Land — Land subject to rentcharge — Absolute interest of testator subject to rentcharge — No representation to testator in respect of land so settled — Revocation of limited probate to Executors of testator — Fresh grant of general probate to Executors of testator passing over untraced representatives of Settlor — Settled Land Act, 1925 (15 Geo. 5, c. 18), s. 1, sub-s. 1 (v.); s. 30, sub-s. 3 — Administration of Estates Act, 1925 (15 Geo. 5, c. 23), s. 23, sub-ss. 2, 3 — Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), ss. 155, 162 — Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 9.

  4 Statutes considered

• Volkers v Volkers (Wingate Cited)

  26 Oct 1934 [1935] P 33, PDA

  Subsequent citations: 2.
  DIVORCE — Practice — Petition for Divorce
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  Case index catchwords

  DIVORCE — Practice — Petition for Divorce — Cross-prayer for divorce in Answer — Want of prosecution of petition — Former Practice — Stay on Petition — Matrimonial Causes Act, 1866 (29 & 30 Vict. c. 32), s. 2 — Judicature (Consolidation) Act,

  2 Statutes considered
• London Corpn, The

  23 Jan 1935 [1935] P 70, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 9.
  SHIPPING — Collision — Reference to assess damages
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  Case index catchwords

  SHIPPING — Collision — Reference to assess damages — Cost of repairing actual damage agreed — Vessel not repaired — Subsequent sale to shipbreakers — Absence of evidence that sale price was affected by collision damage — Right to damages.

• Russell W D (Countess Russell) v Russell B A (Earl Russell)

  22 Nov 1934 [1935] P 39, PDA

  DIVORCE — Deed of Separation — Mutual Covenant against pleading alleging or giving evidence of Matrimonial Offences antecedent to Deed
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  Case index catchwords

  DIVORCE — Deed of Separation — Mutual Covenant against pleading alleging or giving evidence of Matrimonial Offences antecedent to Deed — Estoppel inter Partes — Adultery of Petitioner antecedent to Deed — Discretion of Court to grant Decree to Petitioner — Discretion Statement — Prayer for exercise of discretion — Disclosure to Court of adultery of Petitioner and circumstances of married life, calling for exercise of discretion in spite of estoppel — Notice to of intention of Petitioner to file discretion statement — Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), s. 178; s. 181, sub-s. 1; s. 198.

  1 Statute considered
• D B v W B

  01 Feb 1935 [1935] P 80, DC

  Subsequent considerations : 1 positive.
  HUSBAND AND WIFE — Charge of abnormal practices of husband — Cruelty
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  Case index catchwords

  HUSBAND AND WIFE — Charge of abnormal practices of husband — Cruelty — Constructive desertion — Evidence — Corroboration — Appeal from Court of Summary Jurisdiction — Summary Jurisdiction (Separation and Maintenance) Acts, 1895 (58 & 59 Vict. c. 39), s. 11, to 1925 (15 & 16 Geo. 5, c. 51).

  1 Statute considered

• Trinder v Trinder (Midwinter, Co-Respondent)

  17 Dec 1934 [1935] P 61, CA

  DIVORCE — Practice — Husband's Petition
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  Case index catchwords

  DIVORCE — Practice — Husband's Petition — Order for trial by Jury — Abortive trials — Application by husband for Order for trial by Judge alone — Jurisdiction — Matrimonial Causes Rules, 1924, r. 30 (B) — Rules of Supreme Court, Order xxxvi,

  2 Statutory Instruments considered