Re Hagger. Freeman v Arscott

JurisdictionEngland & Wales
Date1930
Year1930
CourtChancery Division
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8 cases
  • Thomas and Agnes Carvel Foundation v Carvel and another
    • United Kingdom
    • Chancery Division
    • 11 June 2007
    ...that is in his power, he is made a trustee for the performance, and transmits that trust to those that claim under him.” 24 In Re Hagger [1930] 2 Ch 190 Clauson J amplified the principle: “To my mind Dufour v. Pereira decides that where there is a joint will such as this, on the death of th......
  • Barns v Barns
    • Australia
    • High Court
    • 7 March 2003
    ...seems to have been the view taken by Lord Camden in Dufour v Pereira (1769) 1 Dick 419 [ 21 ER 332] and by Clauson J in In re Hagger [1930] 2 Ch 190. See also Mitchell, ‘Some Aspects of Mutual Wills’, (1951) 14 Modern Law Review 136 and Everton, ‘Betrayal of Faith and Prejudicial Reliance’,......
  • Re Goodchild (Deceased) and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 May 1997
    ... ... He referred also to In re Gardner [1920] 2 Ch. 523 and to In re Hagger [1930] 2 Ch. 190 for the proposition that a common intention of husband and wife and taking of ... ...
  • Re Dale, decd
    • United Kingdom
    • Chancery Division
    • Invalid date
    ... ... 419 ... Gray v. Perpetual Trustee Co. Ltd. [ 1928 ] A.C. 391 , P.C ... Hagger, In re; Freeman v. Arscott [ 1930 ] 2 Ch. 190 ... Heys, decd., In the Estate of; Walker v ... ...
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2 books & journal articles
  • Osborne v Estate of Osborne: an equitable agreement or a contract in law: merely a matter of nomenclature?
    • Australia
    • Melbourne University Law Review Vol. 27 No. 1, April 2003
    • 1 April 2003
    ...3 Swans 482; 36 ER 926; Lord Walpole (1797) 3 Ves 402; 30 ER 1076; (1799) 2 Harg Jurid Arg 272; Re Gardner [1920] 2 Ch 523; Re Hagger [1930] 2 Ch 190. (112) For example, where one testator revokes the mutual will in his or her lifetime, failing to leave the other an agreed interest in the p......
  • Wills
    • Jamaica
    • Non-Contentious Probate Practice in the English Speaking Caribbean
    • 21 September 2013
    ...of the common property. 7 Stone v. Hoskins [1905] P.194. 8 Ibid. 9 Dufour v. Pereira (1769) 1 Dick 419, Re Hagger, Freeman v. Arscott [1930] 2 Ch. 190. Note the decisionin Fereira v. Cabral [1923-24] LR.B.G. 17 where it was held that the children of the beneficiaries of the mutual will, hav......