Dufour v Pereira

JurisdictionEngland & Wales
CourtHigh Court of Chancery
Judgment Date18 July 1769
Date18 July 1769

English Reports Citation: 21 E.R. 332

HIGH COURT OF CHANCERY

Dufour
and
Pereira

Mew' Dig. Will, V, a. See Denyssen v. Mortert, 1872, L. R. 4 P. C. 253-8 Moo. P. C. (N. S.) 524; Dias v. De Livera, 1879, 5 App. Cas. 123.

dufour v. peeeira. 18 July 1769. A mutual will by the husband and wife if revoked, must be revoked jointly; or if revoked separately, notice must be given to the other party of such revocation. This cause stood this day for judgment. The case on which the principal question arose, stood thus : Mrs. Camilla Rancer, the wife of Runcer, being entitled to a legacy under the [420] will of her aunt: she and her husband agree to make a mutual will, which they do, and both execute it. The husband died; the wife proved his will, and afterwards made another will...

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9 cases
  • Hudson v Gray
    • Australia
    • High Court
    • Invalid date
  • Barns v Barns
    • Australia
    • High Court
    • 7 March 2003
    ...Act 1975 (UK); Family Provision Act 1982 (NSW). 173Corpus Juris Secundum, vol 95, §135 at 206-207. 174 [1990] 2 Qd R 11 at 13. 175 (1769) Dick 419 [21 ER 176 (1937) 57 CLR 666 at 689-690. 177 Dufour v Pereira (1769) Dick 419 at 421 [ 21 ER 332 at 333]. 178 Denyssen v Mostert (1872) LR 4 PC ......
  • Thomas and Agnes Carvel Foundation v Carvel and another
    • United Kingdom
    • Chancery Division
    • 11 June 2007
    ...will of Agnes? 23 So far as English law is concerned, the doctrine of mutual wills is founded on the principle stated by Lord Camden in Dufour v. Pereira (1769) Dick. 419: “The instrument itself is the evidence of the agreement; and he, that dies first, does by his death carry the agreement......
  • Olins v Walters
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 July 2008
    ...from the Deceased's estate. As recent cases have shown this equitable doctrine dating from the 18 th century (Lord Camden's judgment in Dufour v. Pereira (1769) Dick 419) continues to be a source of contention for the families of those who have invoked it. The likelihood is that in future e......
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