Re Craven's Estate. Lloyds Bank v Cockburn (No. 1)

JurisdictionEngland & Wales
Date1937
Year1937
CourtChancery Division
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16 cases
  • Sen v Headley
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 February 1991
    ...is necessary to constitute a donatio mortis causa: Cain v. Moon (1896), 2 QB 283, 285 (Lord Russell of Killowen C.J.); re Craven's Estate (1937) Ch. 423, 426 (Farwell J.); and Delgoffe v. Fader (1939) Ch. 922, 927 (Luxmoore L.J.). Regard must also be had to what was said by this court in Bi......
  • Kenneth Paul King v James Dubrey and Others
    • United Kingdom
    • Chancery Division
    • 1 July 2014
    ...ought to prevail, unless it is supported by evidence of the clearest and most unequivocal character.' 10 In In Re Craven's Estate [1937] Ch 423, 426, Farwell J set out the conditions essential to a valid DMC as follows: "The conditions which are essential to a donatio mortis causa are, firs......
  • Theodossiades v Smith and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 June 2015
    ...... Lord Justice Sales . Case No: A3/2014/2704 . Between: Kenneth ... entitled to recover £75,000 against the estate as reasonable financial provision. The principal ... the title deeds to her property from the bank or the solicitors' office where they were stored. ......
  • NBPF Pensions Trustees Ltd v Warnock-Smith and another
    • United Kingdom
    • Chancery Division
    • 14 March 2008
    ...intended to be exclusively for their own benefit.” 44 Rimer J cited passages from the judgment of Farwell J in In re Craven's Estate, Lloyd's Bank Limited v Cockburn (No. 2) [1937] Ch 431 at 436 and from the judgment of Buckley LJ in In re Earl of Strafford, dec'd, Royal Bank of Scotland Lt......
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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
    ...All ER (D) 191 (Jun) 47 Craig v Lamoureux [1920] AC 349, 89 LJPC 22, 122 LT 208, PC 77, 85 Craven’s Estate, Re; Lloyds Bank v Cockburn [1937] Ch 423, [1937] 3 All ER 33, 106 LJ Ch 308, ChD 167 Cunliffe’s Estate, Re [1959] P 6, [1958] 3 WLR 707, [1958] 3 All ER 642, (1958) 102 SJ 915, CA 225......
  • Lifetime Agreements and Gifts
    • United Kingdom
    • Wildy Simmonds & Hill A Practitioner's Guide to Probate Disputes - 2nd edition Contents
    • 29 August 2022
    ...decided and should not be relied on. Applying Sen v Headley [1991] Ch 425 where death occurred within 3 days and In Re Craven’s Estate [1937] Ch 423 within 5 days, ‘near future’ should be measured in days rather than weeks or months. 11.6 CONCLUSION In relation to all the above lifetime agr......

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