Results: 73

• In Re Cockburn’s Will Trusts Cockburn v Lewis

  04 Jun 1957 [1957] Ch 438, Ch D

  Subsequent citations: 2.
  EXECUTOR AND ADMINISTRATOR — Administrator — Trustee
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  Case index catchwords

  EXECUTOR AND ADMINISTRATOR — Administrator — Trustee — Completion of administration — Whether administrators trustees of will with power to appoint new trustees — Trustee Act, 1925 (15 Geo. 5, c. 19), s. 36.

  1 Statute considered
• Wagg v The Law Society

  17 Apr 1957 [1957] 3 WLR 20, Ch D

  17 Apr 1957 [1957] Ch 405, Ch D

  Subsequent considerations : 1 negative. Subsequent citations: 8.
  LEGAL AID — Costs — Charge on property recovered
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  Case index catchwords

  LEGAL AID — Costs — Charge on property recovered — Dwelling-house — Specific performance — Contract to exchange dwelling-houses — Action for specific performance — Parties assisted persons — Decree of specific performance — Plaintiff assessed to maximum contribution to costs — Defendant assessed to nil — Charge by Law Society on dwelling-house received by plaintiff in exchange as “property recovered or preserved” — Whether charge enforceable — Letters between plaintiff and Law Society — Whether relevant — Legal Aid and Advice Act, 1949 (12 & 13 Geo. 6, c. 51), s. 3 (4) — Legal Aid (General) Regulations, 1950 (S.I. 1950, No. 1359), regs. 16 (8), 17 (2); — Legal Aid (General) (Amendment No. 1) Regulations, 1954 (S.I. 1954, No. 166); — Legal Aid (General) (Amendment No. 2) Regulations, 1955 (S.I. 1955, No. 1829).

  LEGAL AID — Costs — Charge on property recovered — Dwelling-house — Specific performance — Contract to exchange dwelling-houses — Action for specific performance — Parties assisted persons — Decree of specific performance — Plaintiff assessed to maximum contribution to costs — Defendant assessed to nil — Charge by Law Society on dwelling-house received by plaintiff in exchange as “property recovered or preserved” — Whether charge enforceable — Letters between plaintiff and Law Society — Whether relevant — Legal Aid and Advice Act, 1949 (12, 13 & 14 Geo. 6, c. 51), s. 3 (4) — Legal Aid (General) Regulations, 1950 (S.I. 1950, No. 1359), regs. 16 (8), 17 (2); Legal Aid (General) (Amendment No. 1) Regulations, 1954 (S.I. 1954, No. 166); Legal Aid (General) (Amendment No. 2) Regulations, 1955 (S.I. 1955, No. 1829).

  2 Statutes considered

  2 Statutory Instruments considered
• Delius, In re

  12 Mar 1957 [1957] 2 WLR 548, Ch D

  12 Mar 1957 [1957] Ch 299, Ch D

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  CHARITY — Education — Music
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  Case index catchwords

  CHARITY — Education — Music — Bequest to advance work of musical composer — Bequest by composer's wife — Validity.

• Nizam Of Hyderabad And State Of Hyderabad v Jung

  30 Jul 1956 [1957] Ch 185; [1956] 3 WLR 667, Ch D

  20 Dec 1956 [1957] Ch 185; [1957] 2 WLR 217, CA

  Subsequent citations: 8.
  CONFLICT OF LAWS — Sovereign immunity — Foreign State not a party to proceedings

  AGENCY — Accountability of agent to principal — Money paid to agent under mistake or wrongfully. Trust
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  Case index catchwords

  CONFLICT OF LAWS — Sovereign immunity — Foreign State not a party to proceedings — Impleading foreign sovereign — Money belonging to one sovereign transferred to defendant servant of another foreign sovereign — Transfer by person entitled to operate bank account — No authority to transfer — Action to recover money — Claim that foreign sovereign impleaded or property of foreign sovereign affected — Scope of doctrine of immunity — Application to debt.

  AGENCY — Accountability of agent to principal — Money paid to agent under mistake or wrongfully. Trust — Sole beneficiary — Direction by. Evidence — Fresh evidence — Court of Appeal — Interlocutory matter — Affidavit evidence — Discretion of court.

• In Re Peacock, Decd Midland Bank Executor And Trustee Co Ltd v Peacock

  21 Mar 1957 [1957] Ch 310, Ch D

  Subsequent citations: 2.
  WILL — Lapse — Class gift

  PUBLIC POLICY — Administration of estates.
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  Case index catchwords

  WILL — Lapse — Class gift — Public policy — Manslaughter of testator by wife — Bequest of residue to wife, son and stepson “in equal shares as tenants in common” — Whether a class gift — Whether wife's share divisible between son and stepson or went as on intestacy — Wills Act, 1837 (7 Will. 4 & 1 Vict. c. 26), s. 15.

  PUBLIC POLICY — Administration of estates.

  1 Statute considered

• In Re Atkinson’s Will Trust; Prescott v Child

  02 Nov 1956 [1957] Ch 117, Ch D

  TRUST AND TRUSTEE — Hancock v. Watson, rule in — Accruer clause
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  Case index catchwords

  TRUST AND TRUSTEE — Hancock v. Watson, rule in — Accruer clause — Effect — Gifts to two great-nieces — Trusts engrafted thereon — Effect of accruer clause on death of either without issue.

• In Re Dicey Decd Julian v Dicey

  27 Mar 1956 [1956] Ch 357; [1956] 2 WLR 996, Ch D

  01 Nov 1956 [1957] Ch 145; [1956] 3 WLR 981, CA

  Subsequent citations: 1.
  WILL — Election — Bequest of property of third parties
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  Case index catchwords

  WILL — Election — Bequest of property of third parties — Part owner benefiting under will — Doctrine of election applicable.

• In Re Ransome, Decd Moberly v Ransome

  22 Feb 1957 [1957] Ch 348, Ch D

  Subsequent citations: 2.
  WILL — Construction — “Children”

  WILL — Construction — Codicil

  TRUST AND TRUSTEE — Maintenance after 21 — Exclusion of section of Trustee Act

  ACCUMULATION — Invalid direction to accumulate income — Period too long
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  Case index catchwords

  WILL — Construction — “Children” — Whether limited to children in esse — Contingent gift — “Upon youngest child of R. attaining 21 to such of the children of R. as shall then be living” — Policy favouring early vesting — Whether applicable.

  WILL — Construction — Codicil — Revocation — Direction to accumulate — Invalidity — Destination of income — Under will or as on intestacy.

  TRUST AND TRUSTEE — Maintenance after 21 — Exclusion of section of Trustee Act — Contrary intention — Direction to accumulate income — Effect of invalidity of direction — Will — Trustee Act, 1925 (15 Geo. 5, c. 19), ss. 31 (1) (ii), 69 (2).

  ACCUMULATION — Invalid direction to accumulate income — Period too long — Period to be substituted — Will — Law of Property Act, 1925 (15 Geo. 5, c. 20), s. 164 (1).

  1 Statute considered
• Hart v Sangster

  03 Jul 1956 [1956] 1 WLR 1105, Ch D

  19 Mar 1957 [1957] Ch 329; [1957] 2 WLR 812, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 2.
  REVENUE — Income tax — New source of income

  BANKING — Deposit account — Contract
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  Case index catchwords

  REVENUE — Income tax — New source of income — “Source” — Deposit account at bank — Interest payable on sums deposited — Whether new contract between customer and bank arises every time a fresh sum deposited — “New source, or addition to source, of income” — Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40), Sch. D, Case III — Finance Act, 1951 (14 & 15 Geo. 6, c. 43), s. 21.

  BANKING — Deposit account — Contract — Whether new contract whenever money paid in.

  1 Statute considered
• Sayer, In re

  19 Oct 1956 [1957] 2 WLR 261, Ch D

  19 Oct 1956 [1957] Ch 423, Ch D

  Subsequent considerations : 3 positive. Subsequent citations: 7.
  TRUST — Uncertainty, trust void for — Unascertainable class

  TRUST — Possibility of execution by court — Power
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  Case index catchwords

  TRUST — Uncertainty, trust void for — Unascertainable class — Power to make payments to or on behalf of company's “employees,” “ex-employees,” their “widows, infant children or other infant dependants” and “other dependant relatives” — Power collateral — Provision for winding up of company — Power subsequently to purchase annuities for persons actually or potentially eligible — Ultimate trust of surplus for benefit of employees or ex-employees — Whether powers and trusts valid.

  TRUST — Possibility of execution by court — Power — Power collateral — No exercise of power or execution of trust — Ultimate trust by operation of law in favour of settlor — Whether court will execute ultimate trust.

  TRUST — Uncertainty, trust void for — Unascertainable class — Power to make payments to or on behalf of company's “employees,” “ex-employees,” their “widows, infant children or other infant dependants” and “other dependent relatives” — Power collateral — Provision for winding up of company — Power subsequently to purchase annuities for persons actually or potentially eligible — Ultimate trust of surplus for benefit of employees or ex-employees — Whether powers and trusts valid.