Results: 78

• Young v Sealey

  02 Dec 1948 [1949] Ch 278, Ch D

  Subsequent considerations : 2 neutral.
  TRUST — Joint account — Money paid by deceased into joint accounts in names of herself and defendant
  Expand

  Case index catchwords

  TRUST — Joint account — Money paid by deceased into joint accounts in names of herself and defendant — Survivorship — Defendant's right to beneficial interest — Whether invalid testamentary disposition.
• Kitchen’s Trustee v Madders and Madders

  12 May 1949 [1949] Ch 588, Ch D

  Subsequent considerations : 1 positive.
  BANKRUPTCY — Lease of hotel coupled with sale of goodwill and contents — No consent to lease by building society mortgagee of hotel as required by mortgage
  Expand

  Case index catchwords

  BANKRUPTCY — Lease of hotel coupled with sale of goodwill and contents — No consent to lease by building society mortgagee of hotel as required by mortgage — Fraud on tenants by lessor — No payment of rent by tenants — Bankruptcy of lessor — Action by tenants for fraud — Judgment in action for damages to be assessed — Action by trustee in bankruptcy for rent due before and after bankruptcy — Foreclosure summons by building society not recognizing lease or tenants — Assessment of damages in tenants' action for fraud — Amendment by building society of summons by asking for possession only — Claim by tenants to set off damages against rent claimed by trustee — Allegation by tenants of risk of having to pay same instalments of rent once to building society and once to trustee.
• Debtor, In re A, Ex parte The Debtor v Dodwell

  14 Feb 1949 [1949] Ch 236, Ch D

  Subsequent considerations : 2 positive. Subsequent citations: 12.
  BANKRUPTCY — Administration of estate by trustee challenged by debtor — Duty of trustee to debtor
  Expand

  Case index catchwords

  BANKRUPTCY — Administration of estate by trustee challenged by debtor — Duty of trustee to debtor — Locus standi of debtor — Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), ss. 80, 105.

  1 Statute considered

• In Re Latta’s Marriage Settlement Trusts; Public Trustee v Latta

  03 Mar 1949 [1949] Ch 490, Ch D

  Subsequent citations: 3.
  SETTLEMENT — Special power of appointment — General appointment by will “Give devise and appoint all my property”
  Expand

  Case index catchwords

  SETTLEMENT — Special power of appointment — General appointment by will “Give devise and appoint all my property” — Inclusion of persons not objects of the power — Validity and extent of appointment.

• Whiteside v Whiteside

  11 Mar 1949 [1949] Ch 448, Ch D

  RECTIFICATION — Deed of Covenant — Payment to be “free of tax”
  Expand

  Case index catchwords

  RECTIFICATION — Deed of Covenant — Payment to be “free of tax” — Mistake of Law — Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40) General Rules, r. 23, sub-r. 2.

  1 Statute considered
• In Re Jeeves; Morris-Williams v Haylett

  10 Nov 1948 [1949] Ch 49, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  WILL — Construction — Division per stirpes or per capita
  Expand

  Case index catchwords

  WILL — Construction — Division per stirpes or per capita — Direction that “my trustees shall pay and divide my residuary estate unto and equally between the daughters of my late brother S. and to E. the daughter of my sister.”

• In Re Kellner’s Will Trusts

  11 May 1949 [1949] Ch 509, Ch D

  WILL — Gift of residue to teaching hospital — Death of testatrix before coming into operation of Part II of the National Health Service Act, 1946
  Expand

  Case index catchwords

  WILL — Gift of residue to teaching hospital — Death of testatrix before coming into operation of Part II of the National Health Service Act, 1946 — Hospital taken over by State before probate granted — Construction of Act — Jurisdiction — No provision in Act for charitable legacies — Legacy to be applied cy-près — National Health Service Act, 1946 (9 & 10 Geo. 6, c. 81), s. 6, sub-s. 1; s. 7, sub-ss. 1, 10; s. 60, sub-s. 1.

  1 Statute considered
• Bowen, In re

  27 Oct 1948 [1949] Ch 67, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  WILL — Construction — Contingency
  Expand

  Case index catchwords

  WILL — Construction — Contingency — Gift over in event of testator's uncle dying in lifetime of testator's mother — Testator's mother died before his uncle, but both predeceased testator — Whether gift over effective.

• In Re Greene, Decd; Greene v Greene

  07 Dec 1948 [1949] Ch 333, Ch D

  COMPANY — Transfer of Shares — Article purporting to transfer shares on death
  Expand

  Case index catchwords

  COMPANY — Transfer of Shares — Article purporting to transfer shares on death — Validity — Companies Act, 1929 (19 & 20 Geo. 5, c. 23), s. 63.

  1 Statute considered
• Ransom & Luck Ltd v Surbiton Borough Council

  16 Dec 1948 [1949] Ch 180, CA

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  LOCAL GOVERNMENT — Interim development authority — Scheme submitted to Minister by authority
  Expand

  Case index catchwords

  LOCAL GOVERNMENT — Interim development authority — Scheme submitted to Minister by authority — Development agreement with landowners in 1939 — Development delayed by war — Greater London Plan — Part of land requisitioned — Permission to develop refused as being contrary to plan — Revocation of permission originally granted in 1939 — Scheme not approved up to date of action — Alleged breach of development agreement — Claim for damages — Town and Country Planning Act, 1932 (22 & 23 Geo. 5, c. 48), ss. 10, 34 — Town and Country Planning (Interim Development) Act, 1943 (6 & 7 Geo. 6, c. 29), s. 4.

  2 Statutes considered