Heirs in UK Law

  • Elliot v Lord Joicey
    • House of Lords
    • 14 February 1935
    ... ... such his child or children as should be living at the time of his decease (other than an excepted named child) as tenants in common and the heirs and assigns of such child for ever ... 34 In ( Thellusson v. Woodford 11 Ves. 112 ) the matter was debated in your Lordships' House in ... ...
  • Re Berger, decd
    • Court of Appeal (Civil Division)
    • 21 July 1988
    ... ... 4. A command that all the heirs should give Mr. Berger's wife an income of £100 per week free of tax, as a director's fee or in some other way. 5. A declaration that the ... ...
  • Morgan and Another v Ministry of Justice and Another
    • Queen's Bench Division
    • 03 September 2010
    ... ... it amounted to an award to the estate of the deceased and the award was therefore made on the basis that it be held for the estate or the heirs of the deceased." ... 61 Mr Sanders submits that the European Court of Human Rights applies a narrower, ... ...
  • Reading and Another v Reading and Others
    • Chancery Division
    • 05 February 2015
    ... ... They are to the effect that a gift to issue includes descendants in every degree, that the use of "issue" is more flexible than "heirs of the body" and that it is not necessarily restricted to children ... 29 Mr Hewitt referred me next to Re Jeans , ... ...
  • Macdonald v Macdonald
    • House of Lords
    • 28 June 1932
    ... ... the children ipso jure on their father's death, but expiring with a predecease of the children and not "transmissible in that event to their heirs." ... 25 Now in my judgment upon this statement of the nature of legitim it would be enough to dispose of this appeal ... ...
  • Re Dicey, deceased ; Julian v Dicey
    • Court of Appeal
    • 01 November 1956
    ... ... , that law did not permit trusts or contracts which would restrict the free disposal of land by its owner: nor could a testator appoint heirs to his heirs of such land, and the hair who become owner could not bind himself not to dispose of that load. Mrs Brecon claimed legitim and forfeited ... ...
  • Livingston's Trustees v Livingston's Trustees
    • House of Lords
    • 30 March 1939
    ... ... The testator's heirs ab intestato were his five children. The defenders first, second, and fourth called, represented the interests of the four children other than ... ...
  • Devlin's Trustees v Breen
    • House of Lords
    • 25 January 1945
    ... ... nominatim , other pecuniary bequests to the other children being of different amounts and being, in some cases, qualified by a destination to heirs of the body. In citing this decision, the learned editor of the 1871 edition of Erskine's Institute rightly stated (III 8, 46, note ( a )), "It is ... ...
  • Hartmann and Others v Konig and Others
    • House of Lords
    • 30 November 1933
    ... ... and not until that year has expired my estate shall be divided up, except where the fulfilment of obligations undertaken by me and which my heirs have to acknowledge without reservation, might make it necessary to postpone the final distribution. When the distribution is effected my children ... ...
  • Re Drake, decd
    • Court of Appeal (Civil Division)
    • 29 April 1970
    ... ... 18 "The reason why the expressions 'issue male', 'male descendants', 'male heirs' or what is the same thing 'male heirs of the body', bear a prima facie meaning which connotes persons claiming through the male line does not ... ...
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