Parker v Feldgate

JurisdictionEngland & Wales
Date1882
Year1882
CourtProbate, Divorce and Admiralty Division
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45 cases
  • Melbourne Smith and Lillian Brown v Elridge Brown
    • Antigua and Barbuda
    • High Court (Antigua)
    • 30 September 2008
    ...the mind of the testator. In that event, the will is not admissible to probate unless the suspicion is removed". 48 InParker v Felgate [1883] 8 PD 171 Hanner P stated at page 173 as follows: "If a person has given instructions to a solicitor to make a will, and the solicitor prepares it in ......
  • Perrins v Holland and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 December 2010
    ...The Chancellor The Chancellor: Introduction 1 The issues in this appeal are whether the principles expounded by Sir James Hannen P in Parker v Felgate (1883) LR 8 PD 171, 173 (1) are correct statements of the law and, if so, (2) were properly applied to the facts of this case by Lewison ......
  • Steven Anthony Burns and and Another v Colin Leslie Burns
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 January 2016
    ...to a conclusion which cannot be supported, that Mrs Burns had testamentary capacity as at a relevant date whether July 2005 or, under Parker v Felgate (if that was how the judge proceeded) November 2004." 31 At the beginning of Sir Timothy's reasons, however, he noted that the appeal was to......
  • Singellos v Singellos
    • United Kingdom
    • Chancery Division
    • 29 September 2010
    ...is sufficient as the Court should apply to inter vivos dispositions the doctrine recognised in relation to the execution of Wills in Parker v Felgate (1883) LR 8 PD 171 and subsequent cases. I turn, therefore, to consider that 247 Parker v Felgate 248155. In Parker v Felgate, the testatrix ......
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4 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...P, Re [2009] EWHC 163 (COP), [2010] Ch 33, [2009] 2 All ER 1198, [2009] WTLR 651, [2009] All ER (D) 160 (Feb) 230, 231 Parker v Felgate (1883) 8 PD 171, 47 JP 808, 52 LJP 95, 32 WR 186, PD&A 50, 51, 57, 66, 72 Parkinson v Fawdon [2009] EWHC 1953 (Ch), [2010] WTLR 79, [2009] All ER (D) 322 (......
  • A TALE OF TWO CAPACITIES
    • Singapore
    • Singapore Academy of Law Journal No. 2022, March 2022
    • 1 March 2022
    ...in Manuel Frank Simon v Jean Sharin a/p DI Williams [2008] 7 MLJ 290 at [17]. 68 Yeo Henry v Yeo Charles [2016] SGHC 220 at [167]. 69 (1883) 8 PD 171. 70 [2011] Ch 270; [2010] EWCA Civ 840; [2010] WTLR 1415. Parker v Felgate and Tilly (1883) 8 PD 171 is also endorsed in Singapore, see the H......
  • Knowledge and Approval
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...Where this occurs, recent authorities have confirmed that the issue should be approached by applying the rule in Parker v Felgate (1883) 8 PD 171, which remains good law. In Re Perrins (Deceased); Perrins v Holland and Others [2009] EWHC 1945 (Ch) at first instance, Lewison J applied the ru......
  • Testamentary Capacity
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...when instructions were given but subsequently loses capacity and does not regain it. In such cases, the rule in Parker v Felgate (1883) 8 PD 171 applies: the will is valid if the testator/testatrix had capacity when instructions were taken from him/her but his/her condition deteriorates bet......

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