Results: 68

• Waring (No 2), In re

  21 Jan 1948 [1948] Ch 221, Ch D

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 12.
  WILL — Annuities given “free of income tax” — Will dated before September 3, 1939
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  Case index catchwords

  WILL — Annuities given “free of income tax” — Will dated before September 3, 1939 — Testator dies after that date — Court of Appeal holds s. 25 of the Finance Act, 1941 applies — House of Lords subsequently in another case holds that decision wrong — Rights of annuitants — Res judicata — Finance Act, 1941 (4 & 5 Geo. 6, c. 30), s. 25 — Finance (No. 2) Act, 1945 (9 & 10 Geo 6, c. 13), s. 20.

  2 Statutes considered
• In Re Edwards’ Will Trusts Dalgleish v Leighton

  13 Apr 1948 [1948] Ch 440, CA

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  WILL — Construction — Incorporation of Trusts of settlement in the will
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  WILL — Construction — Incorporation of Trusts of settlement in the will — Trust of cl. 2 invalid — Trusts in cl. 3 declared “subject to the trusts of the preceding clause” — Validity.
• Elliott and H Elliott (Builders) Ltd v Pierson

  30 Apr 1948 [1948] Ch 452, Ch D

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 4.
  VENDOR AND PURCHASER — Specific performance — Informal contract for sale of business together with freehold premises
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  VENDOR AND PURCHASER — Specific performance — Informal contract for sale of business together with freehold premises — Premises vested in company controlled by vendor — Repudiation by purchaser — Right of vendor to enforce.

• In Re Cook Beck v Grant

  20 Jan 1948 [1948] Ch 212, Ch D

  Subsequent citations: 3.
  TRUST FOR SALE — Conveyance of freeholds before 1926 to two joint tenants — Imposition of statutory trust for sale

  WILL — Construction — Residuary gift of “personal estate” does not pass such surviving joint tenant's interest in freeholds.
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  TRUST FOR SALE — Conveyance of freeholds before 1926 to two joint tenants — Imposition of statutory trust for sale — Death of one joint tenant — Property vests in survivor free from statutory trusts — Law of Property Act, 1925 (15 Geo. 5, c. 20), s. 36.

  WILL — Construction — Residuary gift of “personal estate” does not pass such surviving joint tenant's interest in freeholds.

  1 Statute considered

• Smith v London Transport Executive

  01 Jul 1948 [1948] Ch 652, Ch D

  ROAD TRAFFIC — Public authority — British Transport Commission
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  ROAD TRAFFIC — Public authority — British Transport Commission — London Transport Executive agent for Commission to exercise functions delegated to executive by or under scheme made by Commission and approved by Minister — Scheme of delegation of fun

  2 Statutes considered

• In Re Crawshay, Decd Hore-Ruthven v Public Trustee

  13 Mar 1947 [1947] Ch 356, Ch D

  19 Dec 1947 [1948] Ch 123, CA

  Subsequent citations: 1.
  WILL — Legacy settled on daughter and her children — Gift over on death without leaving children who attained twenty-one
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  WILL — Legacy settled on daughter and her children — Gift over on death without leaving children who attained twenty-one — Codicil — Exclusion of any children of daughter by a proposed marriage from shave in legacy — Death of daughter, leaving only children of the excluded marriage who attained twenty-one — Whether gift over effective — Power to daughter whose children were excluded to appoint to nephews and nieces — Exercise of power by will in favour of nephew — Previous assignment by nephew in trust for children of excluded marriage — Intention to benefit non-object — Fraud on power.
• Koenigsberg, In re

  16 Jul 1948 [1948] Ch 727, Ch D

  18 Mar 1949 [1949] Ch 348, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 9.
  ESTOPPEL — Res judicata by implication — Will
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  ESTOPPEL — Res judicata by implication — Will — Bequest of Annuities free of tax — Will executed before September 3, 1939 — Testator dies in 1941 — Application to court in 1943 to determine whether Public Trustee's income fee payable by annuitants — Evidence field on assumption (based on existing decision of Court of Appeal) that annuities were subject to reduction under s. 25 of Finance Act, 1941 (4 & 5 Geo. 6, c. 30) — Subsequent decision of House of Lords establishing s. 25 not operative to reduce annuities in such a case — Fresh summons between same parties to determine whether annuities payable in full — No estoppel by implication.

  2 Statutes considered
• In Re Hatch Public Trustee v Hatch

  10 Jun 1948 [1948] Ch 592, Ch D

  Subsequent considerations : 1 positive.
  WILL — Construction — Absolute Gift
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  WILL — Construction — Absolute Gift — Defeasible interest — Life interest — Forfeiture — “Enemy” — “Resident in enemy “territory” — Definition — Trading with the Enemy Act, 1939 (2 & 3 Geo. 6, c. 89), s. 2, sub-s 1.

  1 Statute considered

• In Re Leach Chatterton v Leach

  12 Feb 1948 [1948] Ch 232, Ch D

  WILL — Construction — Direction to pay son's creditors extends to secured creditors
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  Case index catchwords

  WILL — Construction — Direction to pay son's creditors extends to secured creditors — Legacy to creditor of deceased son equal to debt — Legacy given pursuant to a moral obligation — Creditor — predeceases testatrix — No lapse.

• In Re Blandy-Jenkins, Deceased Blandy-Jenkins v Public Trustee

  03 Mar 1948 [1948] Ch 322, Ch D

  MINES — Mines and minerals — Compulsory acquisition
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  Case index catchwords

  MINES — Mines and minerals — Compulsory acquisition — Will — Trust estate — Freehold interests in coal — Provision in will by reference to s. 11 of Settled Land Act, 1882 (replaced by s. 47 of Settled Land Act, 1925) for setting aside as capital of three-fourth parts of all rents received under mining leases — Compulsory acquisition of freehold interests in coal — Disposal of compensation moneys as between successive beneficial interests in residuary trust estate — Coal Act, 1938 (1 & 2 Geo. 6, c. 52), sch. 3, part IV, para. 21.

  2 Statutes considered