The Weekly Law Reports
[1962] 3 WLR 637
[COURT OF APPEAL.]
In re ROWLAND, DECD.
SMITH v. RUSSELL AND OTHERS.
[1961 R. No. 1935.]
1962 May 9,
10,
23.
Lord Denning M.R., Harman and Russell L.JJ.
Will
— Construction
— Commorientes
— “Coincide,” meaning of
— Homemade will
— Whether deaths of husband and wife “coincided”
— Passengers on ship lost without survivors
— Intended meaning to be deduced from context of will
— “Coincide” equivalent to “simultaneous”
— Insufficient evidence
—
Law of Property Act, 1925 (15 & 16 Geo. 5, c. 20), s. 184.
Will
— Construction
— Principles applicable
— Real intention of testator
— Whether relevant.
Words and Phrases
— “Coincide.”