In the Estate of Plant. Wild v Plant

JurisdictionEngland & Wales
Date1926
Year1926
CourtCourt of Appeal
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40 cases
  • Henry Dominic Chicheley Thornton and Others v Mary Virginia Chicheley Woodhouse and Another
    • United Kingdom
    • Chancery Division
    • 10 April 2017
    ...to prove the Will of which they are appointed and cannot be criticised for having done so (see Boughton v Knight (1873) LR 3 P&D 64 and Wild v Plant [1926] P 139). Lucy's case 301 Mr Macpherson submitted that: (a) the Court has a statutory power to remove trustees under section 50 of the Ad......
  • Marley v Rawlings (No 2)
    • United Kingdom
    • Supreme Court
    • 18 September 2014
    ... ... and the respondents should be paid out of the late Mr Rawlings's estate, or, in the alternative, that those costs should be ordered to be paid by ... ...
  • Shovelar and Others v Lane and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 July 2011
    ...into operation." Costs were in fact ordered to be paid by the losing plaintiff. 34 The rule was further considered in Re: Plant dec'd [1926] P. 139 where Scrutton L.J. added this salutary warning at p. 152: "I should be reluctant to do anything to create the idea that unsuccessful litigant......
  • Kostic v Chaplin and Others
    • United Kingdom
    • Chancery Division
    • 17 December 2007
    ...event: see page 98. 16 I should also refer to two cases in the Court of Appeal subsequent to Spiers v English, namely Re Plant deceased [1926] P 139 and Re Cutliffe's Estate [1959] P 6. 17 The position in Re Plant was one of some procedural complexity, and the decision was mainly concerned ......
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2 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...458 (May) 19 PJSC Aeroflot – Russian Airlines v Leeds [2018] EWHC 1735 (Ch), [2018] 4 Costs LR 775 225 Plant (Deceased), Re; Wild v Plant [1926] P 139, 95 LJP 87, 135 LT 238, CA 226 Powell v Osborne [1993] 1 FLR 1001, [1993] 1 FCR 797, [1993] Fam Law 287, CA 173 Powell v Powell (1866) LR 1 ......
  • Procedure
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...or fraud are alleged but the allegations fail. However, in this case a strong case has to be made out ([29]–31]) (see Re Plant (Deceased) [1926] P 139), but this principle is limited in extent ([33]) (see Re Cunliffe’s Estate [1959] P 6). This principle was followed in Wharton v Bancroft an......

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