Results: 80

• In re Jebb, decd

  14 Jul 1965 [1966] Ch 666; [1965] 3 WLR 810; [1965] 3 All ER 358, CA

  Subsequent citations: 1.
  JUDICIAL PRECEDENT — Construction — Will

  WILL — Construction — Children

  WILL — Construction — Extrinsic evidence
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  Case index catchwords

  JUDICIAL PRECEDENT — Construction — Will — Precedent only to be used as guide to testator's intention — Whether “child” includes adopted child

  WILL — Construction — Children — Adoption — Gift to child or children — Whether adopted child to benefit — Adopter unlikely to bear children — Intention — Circumstances known to testator at time of will — Adoption of Children Act, 1926, s 5 (2)

  WILL — Construction — Extrinsic evidence — Whether intention to include adopted child

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re Jenkins’s Will Trusts

  07 Feb 1966 [1966] Ch 249; [1966] 2 WLR 615; [1966] 1 All ER 926, Ch D

  Subsequent citations: 2.
  CHARITY — Animals, for — Gifts for animal institutions

  CHARITY — Cy-près doctrine — Residuary bequest
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  Case index catchwords

  CHARITY — Animals, for — Gifts for animal institutions — Gift for procuring prohibition of vivisection — Gift for promotion of Act of Parliament prohibiting vivisection — Whether charitable gift

  CHARITY — Cy-près doctrine — Residuary bequest — General charitable intent — Number of gifts for charitable purposes — Non-charitable gift having close relation to purposes of charitable gifts — Whether general charitable intention

  1 Case considered
• In re Associated Portland Cement Manufacturers Ltd’s Application

  04 Mar 1965 [1966] Ch 308; [1965] 3 WLR 1271; [1965] 2 All ER 547, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  MINES — Working facilities — Corporation
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  Case index catchwords

  MINES — Working facilities — Corporation — Lease — Minerals worked or won from agricultural land — Conditions to be imposed — Discretion of the court — Whether court bound by previous precedents — Whether incidence of taxation a valid consideration — Whether compensation payable for loss of a capital asset or for loss of profits — Mines (Working Facilities and Support) Act, 1923, ss 1, 6, 9 — Town and Country Planning Act, 1962, s 198 — Town and Country Planning (Modification of Mines Act) Regulations, 1948

  2 Case(s) considered

  2 Statutes considered

  1 Statutory Instrument considered
• In re Cyona Distributors Ltd

  16 Feb 1966 [1966] Ch 462; [1966] 2 WLR 761; [1966] 1 All ER 825, Ch D

  29 Nov 1966 [1967] Ch 889; [1967] 2 WLR 369; [1967] 1 All ER 281, CA

  Subsequent considerations : 1 negative. Subsequent citations: 7.
  COMPANY — Winding up — Fraud by director
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  Case index catchwords

  COMPANY — Winding up — Fraud by director — Creditor's claim for declaration of liability — Payment to creditor before declaration made — Whether sum paid impressed with trust for creditors generally — Whether material that no declaration — Whether creditor accountable to liquidator for moneys recovered — Companies Act, 1948, s 332

  6 Case(s) considered

  1 Statute considered
• Regent Oil Co Ltd v JA Gregory (Hatch End) Ltd

  16 Mar 1965 [1966] Ch 402; [1965] 3 WLR 730; [1965] 2 All ER 90, Ch D

  15 Oct 1965 [1966] Ch 402; [1965] 3 WLR 1206; [1965] 3 All ER 673, CA

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  MORTGAGE — Attornment clause — Default

  MORTGAGE — Leasehold, of — Mortgage by way of legal charge
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  Case index catchwords

  MORTGAGE — Attornment clause — Default — Leasehold premises — Assignment of lease subject to charge — Breach of covenants by assignee — Whether tenancy created by attornment vested in assignee — Nature of tenancy created — Requirement of notice to determine subsisting tenancy — Assignee of lease bound by terms of tenancy created by attornment — Estoppel as against chargee — Law of Property Act, 1925, ss 1, 87 (1) (b), 142

  MORTGAGE — Leasehold, of — Mortgage by way of legal charge — Assignment of premises subject to charge — Breach of covenant by assignee — Remedies of legal chargees — Whether those of mortgagee by sub-demise — Whether limited to remedies in respect of the security — Burden of covenants for “tied” garage running with reversion, so touching property charged — Law of Property Act, 1925, s 87

  16 Case(s) considered

  1 Statute considered

• In re Gadd’s Land Transfer

  05 May 1965 [1966] Ch 56; [1965] 3 WLR 325; [1965] 2 All ER 800, Ch D

  Subsequent citations: 2.
  PRACTICE — Originating summons — Future question

  RESTRICTIVE COVENANT — Enforceability — Jurisdiction to determine

  RESTRICTIVE COVENANT — Enforceability — Owner of site of right of way, by
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  Case index catchwords

  PRACTICE — Originating summons — Future question — Whether restrictive covenants would be enforceable against intending purchaser of land if contract of sale completed — Jurisdiction of court to determine — RSC, Ord 5 r 4

  RESTRICTIVE COVENANT — Enforceability — Jurisdiction to determine — Declaration under Law of Property Act, 1925, s 84 — Original covenantor still owner of burdened land — Application by intending purchaser from original covenantor for declaration that covenant not enforceable — Whether a future question — Law of Property Act, 1925, s 84 (2) — RSC (Rev 1965), Ord 5, r 4

  RESTRICTIVE COVENANT — Enforceability — Owner of site of right of way, by — Covenants restricting building on and user of land having right of way over road — Benefit of covenant assigned to owner of road — Contemplated breach increasing traffic over road — Whether sufficient benefit to entitle owner of road to enforce covenants

  1 Statute considered

  1 Statutory Instrument considered
• Scholl Mfg Co Ltd v Clifton (Slim-Line) Ltd

  21 Feb 1966 [1966] Ch 298; [1966] 2 WLR 902; [1966] 1 All ER 993, Ch D

  08 Jun 1966 [1967] Ch 41; [1966] 3 WLR 575; [1966] 3 All ER 16, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 8.
  LANDLORD AND TENANT — Business premises (security of tenure) — Notice to quit
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — Notice to quit — Term of years — Break clause — Statutory notice to terminate — Whether contractual notice also necessary — Landlord and Tenant Act, 1954, s 25

  4 Case(s) considered

  1 Statute considered
• British Railways Board v Glass

  09 Dec 1963 [1964] 1 WLR 294; [1964] 1 All ER 418, Ch D

  29 Jul 1964 [1965] Ch 538; [1966] Ch 538; [1964] 3 WLR 913; [1964] 3 All ER 418, CA

  Subsequent considerations : 2 positive; 3 neutral. Subsequent citations: 13.
  EASEMENT — Prescription — Right of way

  RAILWAY — Level crossing — Accommodation road
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  Case index catchwords

  EASEMENT — Prescription — Right of way — Dominant tenement used as caravan site — Increased number of caravans — Whether increased use of right outside prescriptive title — No change in dominant tenement from increased user

  RAILWAY — Level crossing — Accommodation road — Right of way granted to landowner — Extent of permitted user — Construction of grant — Railways Clauses Consolidation Act, 1845, s 68

  9 Case(s) considered

  1 Statute considered

• Harrison v Willis Bros

  21 Dec 1964 [1966] Ch 619; [1965] 2 WLR 617; [1965] 1 All ER 583, Ch D

  27 Oct 1965 [1966] Ch 619; [1966] 2 WLR 183; [1965] 3 All ER 753; 43 TC 61, CA

  Subsequent citations: 4.
  REVENUE — Income tax — Partnership
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  Case index catchwords

  REVENUE — Income tax — Partnership — Death of partner — Dissolution — Subsequent death of partner — Additional assessments in partnership name — Whether assessments made on deceased partner's estate more than three years after death of partner valid — Whether assessment valid against surviving partner — Income Tax Act, 1952, ss 47 (1) (2), 144 (1) — Finance Act, 1960, ss 51, 53, 63 (3)

  1 Case considered

  3 Statutes considered

• Intention In re Jebb, decd

  ADOPTION — Wardship — Will
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  Case index catchwords

  ADOPTION — Wardship — Will — “Child”