Results: 19

• In Re Cutcliffe’s Estate Le Duc v Veness

  11 Nov 1958 [1959] P 6, CA

  Subsequent citations: 6.
  PROBATE — Costs of action — Contested probate action
  Expand

  Case index catchwords

  PROBATE — Costs of action — Contested probate action — Will duly executed by testator — Contemporaneous declarations by testator that will did not represent his wishes — Whether conduct of testator caused litigation — Whether unsuccessful litigant misled as to testator's intentions entitled to costs out of estate — Unsuccessful plea of undue influence — Rules and exceptions to rules of practice as to costs in probate actions.

• Scott v Scott (Orse Fone)

  24 Nov 1958 [1959] P 103; [1959] 2 WLR 497, PDA

  Subsequent citations: 1.
  HUSBAND AND WIFE — Nullity — Discretionary bar
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Nullity — Discretionary bar — Acquiescence — Incapacity of wife — Contented acceptance of marriage for four years — No specific detriment to wife — Pre-marital understanding “tamquam sororem.”

• Claxton v Claxton

  19 Jan 1959 [1959] P 33, DC

  HUSBAND AND WIFE — Justices — Rehearing ordered on appeal
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Justices — Rehearing ordered on appeal — Whether court rehearing case should read judgments of Divisional Court — Principles to be followed.
• Mountbatten v Mountbatten

  11 Dec 1958 [1959] 2 WLR 128, PDA

  11 Dec 1958 [1959] P 43, PDA

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  HUSBAND AND WIFE — Divorce — Foreign decree

  HUSBAND AND WIFE — Collusion — Foreign decree

  RESIDENCE — Divorce — “Ordinary residence”
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Divorce — Foreign decree — Conflict of jurisdiction — Foreign decree recognized by court of wife's “ordinary residence” — Decree obtained outside the jurisdiction of that court — Parties domiciled in England — Whether decree recognized in England — Collusion — Effect — “Ordinary residence” — Whether determined by founding proceedings on residence in other State — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 18 (1) (a) (b).

  HUSBAND AND WIFE — Collusion — Foreign decree — Effect on.

  RESIDENCE — Divorce — “Ordinary residence” — Whether determined by founding proceedings on residence in other State.

  HUSBAND AND WIFE — Divorce — Foreign decree — Conflict of jurisdiction — Foreign decree recognized lay court of wife's “ordinary residence” — Decree obtained outside the jurisdiction of that court — Parties domiciled in England — Whether decree recognized in England — Collusion — Effect — “Ordinary residence” — Whether determined by founding proceedings on residence in other State — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 18 (1) (a) (b).

  RESIDENCE — Divorce — “Ordinary residence” — Whether detrained by founding proceedings on residence in other State.

  2 Statutes considered

• O’Mahoney v O’Mahoney

  24 Nov 1958 [1959] P 1, PDA

  HUSBAND AND WIFE — Maintenance — High Court
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Maintenance — High Court — Committal order — Whether order pending suit and subsequent maintenance order one “judgment” — Matrimonial Causes (Judgment Summons) Rules, 1952 (S.I. 1952, No. 2209) (L. 21), r. 6 (3).

  1 Statutory Instrument considered

• Morgan v Morgan (Orse Ransom)

  06 Feb 1959 [1959] P 92, PDA

  Subsequent citations: 5.
  HUSBAND AND WIFE — Nullity — Discretionary bar

  MARRIAGE — Agreement to marry — “Tamquam sororem” condition

  PUBLIC POLICY — Husband and wife.
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Nullity — Discretionary bar — Acquiescence — Incapacity of husband — Pre-marital acts — Overt acts and concealed thoughts — Agreement “tamquam sororem” — Discretion of court.

  MARRIAGE — Agreement to marry — “Tamquam sororem” condition — Whether void — Public policy — Elderly parties.

  PUBLIC POLICY — Husband and wife.

• Ewart v Ewart

  29 Oct 1958 [1959] P 23, PDA

  HUSBAND AND WIFE — Maintenance — Agreement
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Maintenance — Agreement — Variation by court — Deed for purpose of reconciliation — No jurisdiction to vary — Maintenance Agreements Act, 1957 (5 & 6 Eliz. 2, c. 35), s. 1 (1).

  1 Statute considered

• Jones v Jones

  15 Oct 1958 [1959] P 38, DC

  HUSBAND AND WIFE — Maintenance — Justices
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Maintenance — Justices — Wilful neglect to maintain — Order against husband under section 43 of the National Assistance Act, 1948 — Whether wilful neglect can be found if order obeyed — Husband not informed of wife's need for further support — No element of misconduct — Therefore no wilful neglect to maintain — Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), s. 4 — National Assistance Act, 1948 (11 & 12 Geo. 6, c. 29), s. 43.

  1 Statute considered
• Impetus, The

  16 Apr 1959 [1959] 2 WLR 820, PDA

  16 Apr 1959 [1959] P 111, PDA

  Subsequent considerations : 1 positive.
  SHIPPING — Towage — Contract
  Expand

  Case index catchwords

  SHIPPING — Towage — Contract — Construction — Negligent navigation of tug — Towage agreement — Construction — “Whilst towing” — “When the tug is in a position to pick up ropes or lines” — United Kingdom Standard Towage Conditions.
• Brown v Brown

  20 Apr 1959 [1959] 2 WLR 776, CA

  20 Apr 1959 [1959] P 86, CA

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  HUSBAND AND WIFE — Settlement — Variation
  Expand

  Case index catchwords

  HUSBAND AND WIFE — Settlement — Variation — Post-nuptial settlement — Purchase of house by husband and wife as joint tenants on trust for sale — Whether a “settlement” — Law of Property Act, 1925 (15 Geo. 5, c. 20), ss. 23–38 — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 25.

  HUSBAND AND WIFE — Settlement — Variation — Post-nuptial settlement Purchase of house by husband and wife as joint tenants on trust for sale — Whether a “settlement” — Law of Property Act, 1925 (15 & 16 Geo. 5, c. 20), ss. 23–38 — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 25.

  3 Statutes considered