The Special Trustees for Great Ormond Street and Another v Pauline Rushin and Another
| Jurisdiction | England & Wales |
| Judge | Mr Justice Rimer,MR JUSTICE RIMER |
| Judgment Date | 19 April 2000 |
| Judgment citation (vLex) | [2000] EWHC J0419-21 |
| Docket Number | CH 1997 M No 7062 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 19 April 2000 |
[2000] EWHC J0419-21
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
Royal Courts of Justice
Mr Justice Rimer
In The Estate of Lily Louisa Morris Deceased
CH 1997 M No 7062
Mr Gordon Nurse (instructed by Fishers) appeared for the Claimant
Mr Siward Atkins (instructed by The Mainman partnership) appeared for the first and Second Defendants
This is the official judgment of the court and I direct that no further note or transcript is made.
[Signature]
The Hon. Mr Justice Rimer
The claimants are the special trustees for Great Ormond Street Hospital ("the Hospital") . The action was started by a writ dated 31 December 1997. It concerns the estate of Lily Louisa Morris deceased ("Mrs Morris") , who died on 9 April 1997 aged nearly 77. The trial has been of some preliminary issues ordered by Master Bowman on 28 June 1998. There are eight defendants, but the issues directly concern only the first two. They are Pauline Rushin ("Mrs Rushin") and her daughter Caroline Michelle Billinge. Miss Billinge married Jeremy Taylor in October 1998, but she was referred to throughout the trial as Miss Billinge and I shall do likewise in this judgment. Mr Gordon Nurse represented the Hospital. Mr Siward Atkins represented Mrs Rushin and Miss Billinge.
Outline of the story
Mrs Morris was born on 19 June 1920. She married in 1960. Her husband, Ieuan Morris, was born on 29 January 1922. Before her marriage Mrs Morris had been a nursing sister at the Hospital and she was also a health visitor. Mr Morris worked for the National Coal Board, but he later became a lecturer at Nottingham University. They had no children but had a number of relatives.
On 28 June 1977 Mr and Mrs Morris bought Home Farm House, Ildrigehay, Derbyshire and some 36 acres of land. The price was £31,000 and they purchased as beneficial joint tenants. On 30 May 1986 they bought some adjoining land for £7,500, also as beneficial joint tenants.
Mrs Rushin arrived on the scene in about 1991. Mrs Morris had advertised for someone to sew and iron, Mrs Rushin got the job and she started working part-time at Home Farm House. Mrs Morris soon also got to know Miss Billinge, who was then about 18 (she is now 27) . Mrs Rushin and Miss Billinge both lived in Kniveton (as they still do) , about 9 miles from Home House Farm. They do not live together, and did not do so at the times material to the issues. Mrs Rushin says that she and her daughter became good friends of, and confidants to, Mrs Morris.
5.The Morrises' solicitors were Fishers of Ashby-de-la-Zouch. Fishers acted for them when they made new wills in May 1994 and codicils in October 1995. Mrs Morris's will was dated 5 May 1994. It appointed as executors her husband, Mary Codling, Sheila Rees and Roger Gunyon. Mrs Codling is the wife of Mrs Morris's nephew, Dr Codling. Dr and Mrs Codling both gave evidence. The will left some 28 pecuniary legacies of amounts mainly between about £100 and £500, but there was one of £1000 to Mrs Morris's sister, Nellie Rothera. Mrs Rushin was a pecuniary legatee and her legacy was £500. Miss Billinge was not a legatee. Mrs Morris left her residuary estate to her husband, but if he died first it was to be divided equally between Nottingham University (the seventh defendant) and the Hospital. Mrs Morris made a codicil on 11 October 1995, whose details I need not relate.
Mr Morris's will was dated 19 May 1994 and appointed as his executors Mrs Morris, Ian Longson and James Gunyon. He left some 17 pecuniary legacies of amounts ranging from £250 to £2,000. He left his residuary estate to Mrs Morris, but if she died first then, again, the residue was to be divided between Nottingham University and the Hospital. He too made a codicil on 11 October 1995, whose details I also need not relate.
Mr Morris died on 27 December 1995. Immediately after that Mrs Morris went to stay with her sister, Mrs Rothera, but on 2 January 1996 she was collected by Mrs Rushin and Miss Billinge and went to stay with Miss Billinge at her flat in Kniveton. Miss Billinge was a single parent and occupied it with her son, James, who was then three or four years old. Mrs Rushin lived nearby. Mr Morris's funeral was on 8 January 1996, followed by a wake at a local restaurant. Mrs Morris stayed with Miss Billinge until 28 February 1996, when she returned to Home Farm House.
During her stay at Miss Billinge's flat Mrs Rushin introduced her to Stephen Bowman, whom Mrs Rushin had known since at least 1988. He is the third defendant. He is a solicitor, but The Law Society had intervened in his practice and had suspended his practising certificate on 22 May 1995, although Mrs Rushin denies that she knew this at the time, and I accept she did not. Mr Bowman's present whereabouts are unknown. His evidence would or might have been valuable, but I did not have the benefit of it.
9.On 21 January 1996 Mrs Morris signed a handwritten statement, which Mr Bowman had prepared, confirming that she wished Mr Michael Levy of Michael Levy & Co, solicitors ("Levy") , to act on her behalf for the purposes of the administration of her husband's estate. Mr Levy was the sole principal of the firm. Mrs Morris had not met him, nor did she ever meet him. Her signature, which appears to read "L.L. Mor", is obviously the work of a frail hand. The statement recorded that she had decided to change solicitors "of my own free will, knowingly [sic] the legal position and without any pressure on me at all." It seems almost to have foreseen this litigation. It was witnessed by Mrs Rushin. It was transmitted to Levy by Mr Bowman, who was apparently a regular visitor to their offices.
On 24 January, armed with that statement, Levy wrote to Fishers enclosing it and asking for the delivery of the probate files, together with all deeds and documents. Everything Levy did in relation to this matter was handled by Mrs Marlene Walters, an assistant solicitor. On the same day she also wrote to Mrs Morris's two co-executors seeking their authority for the probate papers to be sent to her. Mr Gunyon signed his authority on 25 January, although on 30 January (having since discussed the matter with his co-executor, Mr Longson) he wrote to Mrs Walters cancelling it. Although Mrs Walters claims that Mrs Morris was her client from January 1996 until her death in April 1997, she met her only twice, and never spoke to her on the telephone, or even appears to have attempted to. Save on the occasions of the two meetings Mrs Morris's purported instructions were almost always conveyed either by Mrs Rushin or Mr Bowman. Mrs Walters opened her relationship with Mrs Morris with a letter dated 24 January 1996, misaddressed inexplicably to the address of Mrs Morris's niece in Shropshire, and saying that "I have been asked by Stephen Bowman to write and confirm that we have received instructions and the Form of Authority signed by you." Mr Bowman's status to communicate with Mrs Walters on behalf of Mrs Morris was at that stage no more than that of a messenger, although on 7 February 1996 Mrs Morris executed a general power of attorney in his favour empowering him to deal in any and every way with her land and all her other property. Her signature was witnessed by Mrs Rushin.
On 22 February 1996 Mrs Rushin took Mrs Morris to Levy's offices, where Mrs Morris and Mrs Walters had the first of their two meetings. Mrs Walters devoted about an hour and twenty minutes to going through a draft agreement and discussing Mrs Morris's proposed new will. The discussion about the agreement was in the absence of Mrs Rushin, although she was present during the discussion about the will. The agreement related to Home Farm House, of which Mrs Morris had become by survivorship the sole legal and beneficial owner. It provided for its transfer to Mrs Rushin for £50 on terms that Mrs Morris could occupy it for the rest of her life and that Mrs Rushin would care for her at it. No precise valuation has been agreed for Home Farm House, but it is agreed that it was worth between £200,000 and £300,000, and the evidence includes a reference to a valuation at £295,000.
On 27 February 1996 Mrs Morris and Mrs Rushin signed the agreement. Mr Humphries, a salesman, witnessed their signatures. On the next day Mrs Morris returned to Home Farm House. Apart from a brief stay in hospital in November 1996, following a fall, she remained there until her death in April 1997.
On 19 March 1996 Mrs Morris revoked her prior wills and made the new one she had discussed with Mrs Walters on 22 February. It appointed as her executors Mr Bowman, Sheila Rees and Jennifer Richmond. It left £1,000 to each proving executor and 29 pecuniary legacies. These included £1,000 to Mrs Rushin, £1,000 to Miss Billinge and £1,000 to James Billinge, Miss Billinge's child. It left her residuary estate equally between the Hospital and the National Trust (the eighth defendant) . It was witnessed by Austin Billinge (Miss Billinge's brother) and his girlfriend Alison Naylor.
Although Mrs Morris was named as executor in Mr Morris's will, she did not become a proving executor. Levy had, as I have said, sought to act in the administration of his estate, but Mrs Walters later agreed that Fishers should do so, this being what the other two executors wanted. Probate was granted to those two executors, Mr Longson and Mr Gunyon, on 17 June 1996 and Fishers extracted the grant. It showed the gross value of the estate to be £122,826 and the net value £120,952. Fishers also handled the administration of the estate. During the course of its administration, on 10 August 1996, Mrs Morris executed an enduring power of attorney in favour of Mr Bowman....
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...UK, 2012), online: Age UK . 27. See e.g. Special Trustees for Great Ormond Street Hospital for Children v Rushin, Re Morris , decd , [2000] EWHC J0419-21. 28. Department of Health, Recognised, Valued and Supported: Next Steps for the Carers Strategy (UK: Department of Health, 2010) at 3, on......