Results: 29

• In The Estate of Last, Decd

  15 Jan 1958 [1958] P 137; [1958] 2 WLR 186, PDA

  Subsequent citations: 1.
  PROBATE — Administration — Administration cum testamento annexo

  WILL — Construction — Absolute or life interest
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  Case index catchwords

  PROBATE — Administration — Administration cum testamento annexo — Application for grant by persons claiming as beneficiaries under ambiguous will — Power of Probate judge to construe will — Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), s. 162.

  WILL — Construction — Absolute or life interest — Gift over of “anything that is left” at donee's death.

  1 Statute considered

• Ponticelli v Ponticelli (Orse Giglio) (By Her Guardian)

  15 Jan 1958 [1958] P 204, PDA

  Subsequent citations: 2.
  HUSBAND AND WIFE — Marriage — Validity

  HUSBAND AND WIFE — Nullity — Conflict of jurisdiction

  CONFLICT OF LAWS
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  Case index catchwords

  HUSBAND AND WIFE — Marriage — Validity — Proxy marriage — Husband domiciled in England — Home to be in England — Recognition of marriage ceremony in Italy.

  HUSBAND AND WIFE — Nullity — Conflict of jurisdiction — Wilful refusal — Marriage abroad — Law applicable.

  CONFLICT OF LAWS

• Tursi v Tursi

  11 Jul 1957 [1958] P 54, PDA

  HUSBAND AND WIFE — Divorce — Residence

  HUSBAND AND WIFE — Judicial separation. Husband and Wife — Desertion
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Residence — Wife's petition based on three years' residence — Petition on ground of desertion — Domicile in Italy — Previous Italian decree of judicial separation — Effect of on husband's desertion — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), ss. 7 (3) and 18 (1) (b).

  HUSBAND AND WIFE — Judicial separation. Husband and Wife — Desertion — Termination.

  1 Statute considered
• Gilbert v Gilbert and Abdon

  19 Nov 1957 [1958] 2 WLR 8, PDA

  19 Nov 1957 [1958] P 131, PDA

  Subsequent considerations : 2 negative.
  HUSBAND AND WIFE — Practice (in matrimonial cases) — Submission of no case
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  Case index catchwords

  HUSBAND AND WIFE — Practice (in matrimonial cases) — Submission of no case — Divorce — Submission of no case by intervener — Election — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 5.

  2 Statutes considered

• Corke v Corke And Cook

  14 Dec 1957 [1958] P 93, CA

  Subsequent citations: 1.
  HUSBAND AND WIFE — Divorce — Evidence

  EVIDENCE — Subsequent conduct — Adultery
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Evidence — Adultery — Evidence by wife and doctor of telephone conversation tending to prove innocence — Whether admissible.

  EVIDENCE — Subsequent conduct — Adultery — Evidence of telephone conversation with doctor tending to establish innocence — Whether admissible.
• Lewis v Lewis

  11 Mar 1958 [1958] P 193; [1958] 2 WLR 747; [1958] 1 All ER 859, CA

  Subsequent considerations : 1 neutral; 1 negative.
  HUSBAND AND WIFE — Practice (in matrimonial causes) — Discretion statement

  HUSBAND AND WIFE — Practice — Amendment to allege adultery

  EVIDENCE — Incriminating question — Adultery

  HUSBAND AND WIFE — Divorce — Evidence
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  Case index catchwords

  HUSBAND AND WIFE — Practice (in matrimonial causes) — Discretion statement — Admission of adultery in cross-examination — Whether questions on adultery objectionable — Leave to amend answer to allege adultery based on petitioner's admission in evidence — Whether party seeking exercise of court's discretion entitled to defer evidence of adultery until after decision on issue of cruelty — Proper practice — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 32 (3) — Matrimonial Causes Rules, 1957 (1957 No. 619 (L.4)), r. 28 (5).

  HUSBAND AND WIFE — Practice — Amendment to allege adultery — Discretion statement — Amendment after admission in evidence of adultery.

  EVIDENCE — Incriminating question — Adultery — Whether question as to adultery of witness incriminating — Matrimonial Causes Act, 1950, s. 32 (3).

  HUSBAND AND WIFE — Divorce — Evidence — Adultery — Whether question as to adultery of witness incriminating — Whether relevant to issue of cruelty — Matrimonial Causes Act, 1950, s. 32 (3).

  1 Statute considered

  1 Statutory Instrument considered
• Robinson-Scott v Robinson-Scott

  06 Nov 1957 [1958] P 71; [1957] 3 WLR 842; [1957] 3 All ER 473, PDA (Karminski J)

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 4.
  HUSBAND AND WIFE — Divorce — Conflict of jurisdiction

  CONFLICT OF LAWS — Jurisdiction — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Conflict of jurisdiction — Foreign decree — Recognition — Jurisdiction assumed on basis of wife's domicile — Parties at all material times domiciled in England — Wife resident for more than three years before proceedings within territory of foreign court.

  CONFLICT OF LAWS — Jurisdiction — Divorce — Comity — Foreign decree granted by court other than that of domicile — Recognition.

• Hughes v Hughes

  23 Apr 1958 [1958] P 221; [1958] 2 WLR 934, PDA

  30 Jul 1958 [1958] P 224; [1958] 3 WLR 500, CA

  Subsequent citations: 4.
  SOLICITOR — Costs — Lien
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  Case index catchwords

  SOLICITOR — Costs — Lien — Divorce — Whether absolute lien in divorce suit. Husband and Wife — Divorce — Public interest in — Solicitor's lien for costs.
• In Re St Mary Magdalene, Altofts

  04 Jul 1941 [1958] P 172, Const Ct

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  ECCLESIASTICAL LAW — Faculty — Aumbry
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Aumbry — Petition to convert existing piscina into aumbry — Reservation of Blessed Sacrament — Duty of Chancellor to ensure security of sacred elements.

• Manning v Manning

  20 Dec 1957 [1958] P 112, PDA

  HUSBAND AND WIFE — Divorce — Conflict of jurisdiction

  CONFLICT OF LAWS — Jurisdiction — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Conflict of jurisdiction — Foreign decree based on last common residence — Decree to wife domiciled in England — Wife petitioner in fact resident for over three years in the foreign jurisdiction — Grounds of divorce alien to English law — Recognition of decree — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 18 (1) (b).

  CONFLICT OF LAWS — Jurisdiction — Divorce — Comity — Recognition of foreign divorces — Wife's decree — Parties domiciled in England.

  1 Statute considered