Heirs in UK Law

  • Re Erskine 1948 Trust
    • Chancery Division
    • 29 Marzo 2012
    ... ... testator's widow and, on her death without issue (which happened in 1971), residue was given to the testator's three half-siblings 'or their heirs and surviving issue'. He then held that the heirs were to be ascertained in accordance with pre-1926 law by virtue of section 132 of the Law of ... ...
  • Re Dicey, deceased ; Julian v Dicey
    • Court of Appeal
    • 01 Noviembre 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 ... ...
  • Elliot v Lord Joicey
    • House of Lords
    • 14 Febrero 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 Julio 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 ... ...
  • Re Drake, decd
    • Court of Appeal (Civil Division)
    • 29 Abril 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 ... ...
  • Morgan and Another v Ministry of Justice and Another
    • Queen's Bench Division
    • 03 Septiembre 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 Febrero 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 Junio 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 ... ...
  • Livingston's Trustees v Livingston's Trustees
    • House of Lords
    • 30 Marzo 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 Enero 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 ... ...
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