Results: 51

• Marshall’s Will Trust, In re

  21 Feb 1945 [1945] Ch 217, Ch D

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  WILL — Trust — Appointment of judicial trustee by court
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  Case index catchwords

  WILL — Trust — Appointment of judicial trustee by court — Trustee for purposes of Settled Land Act, 1925 — Judicial Trustees Act, 1896 (59 & 60 Vict. c. 35), s. 1, sub-s. 1.

  2 Statutes considered

• In Re Viscount Rothermere, Decd Mellors, Basden & Co v Coutts & Co

  13 Nov 1945 [1945] Ch 72, Ch D

  ADMINISTRATION — Covenant — Annuity free of income tax
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  Case index catchwords

  ADMINISTRATION — Covenant — Annuity free of income tax — Covenantor's estate actuarially insolvent — Valuation of annuity — Finance Act, 1941 (4 & 5 Geo. 6, c. 30), s. 25, sub-s. 1.

  1 Statute considered

• Re Cochrane’s Settlement Trusts

  22 Mar 1945 [1945] Ch 285, CA

  REVENUE — Estate duty — Marriage settlement
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  Case index catchwords

  REVENUE — Estate duty — Marriage settlement — Income of trust fund settled by husband payable to wife for life to be expended in current household expenses — On wife's death income to settlor for life — Income used during joint lives by wife for personal expenditure — Interest “reserved …. by implication to the settlor” — Release or abandonment thereof — Death of settlor — Liability to estate duty — Finance Act, 1894 (57 & 58 Vict., c. 30), s. 2, sub-s. 1 (c) — Customs and Inland Revenue Act, 1881 (44 Vict., c. 12), s. 38, sub-s. 2 (c).

  2 Statutes considered

• In Re Berkeley (Earl), Decd; Borrer v Berkeley (No 2)

  13 Dec 1944 [1945] Ch 107, CA

  WILL — Annuity free of tax given before September 3, 1939 — Confirmation by codicil after that date
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  Case index catchwords

  WILL — Annuity free of tax given before September 3, 1939 — Confirmation by codicil after that date — “Stated amount” — Variation — Finance Act, 1941 (4 & 5 Geo. 6, c. 30), s. 25, sub-s. 1.

  1 Statute considered

• In Re Evertite Locknuts Ltd

  12 Feb 1945 [1945] Ch 220, Ch D

  COMPANY — Acquisition by one company of shares in another — Approval by holders of shares exceeding nine-tenths of capital value
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  Case index catchwords

  COMPANY — Acquisition by one company of shares in another — Approval by holders of shares exceeding nine-tenths of capital value — Objection by dissenting shareholder — Right of transferee company to acquire shares — Onus of proof that scheme is unfair or agreed price inadequate — Companies Act, 1929 (19 & 20 Geo. 5, c. 23), s. 155.

  1 Statute considered
• Berkeley (Earl of), decd, In re

  16 Oct 1944 [1945] Ch 1, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 9.
  APPEAL — Court of Appeal — Decision of High Court based on previous case
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  Case index catchwords

  APPEAL — Court of Appeal — Decision of High Court based on previous case — Subsequent decision of Court of Appeal over-ruling that case — Leave to appeal out of time.
• In Re Shelton’s Settled Estates; Shelton v Shelton

  18 Jan 1945 [1945] Ch 158, Ch D

  Subsequent considerations : 1 negative.
  WILL — Settlement — Referential trusts
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  Case index catchwords

  WILL — Settlement — Referential trusts — Estate tail — Real estate settled by will on trusts of real estate in previous settlement — Base fee created before will and enlarged after death of testator — Accretion or independent settlements.

• In Re Brown’s Mortgage; Wallasey Corpn v Attorney-General

  25 Jan 1945 [1945] Ch 166, Ch D

  Subsequent citations: 1.
  LOCAL GOVERNMENT — Mortgage — Small dwellings
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  Case index catchwords

  LOCAL GOVERNMENT — Mortgage — Small dwellings — Foreclosure by local authority — Sale — Increase of value of property — Payment out of profits to mortgagor — Legality — Small Dwellings Acquisition Act, 1899 (62 & 63 Vict., c. 44), s. 6, sub-s. 2.

  1 Statute considered
• Fry, In re

  11 May 1945 [1945] Ch 348, Ch D

  Subsequent considerations : 1 neutral; 1 negative.
  WILL — Absolute gift of residue — Name clause
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  Case index catchwords

  WILL — Absolute gift of residue — Name clause — Beneficiaries to “take and continue to bear” surname of testator — Validity.
• Barber v Wolfe

  13 Feb 1945 [1945] Ch 187, Ch D

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 5.
  VENDOR AND PURCHASER — Specific performance — Decree
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  Case index catchwords

  VENDOR AND PURCHASER — Specific performance — Decree — Subsequent rescission of agreement — Damages — Practice.