Wharton and Another v Masterman and Others

JurisdictionUK Non-devolved
Judgment Date19 March 1895
Judgment citation (vLex)[1895] UKHL J0319-2
CourtHouse of Lords
Date19 March 1895

[1895] UKHL J0319-2

House of Lords

Wharton and Another
and
Masterman and Others.
1

After hearing Counsel as well on Tuesday the 27th as Thursday the 29th days of November 1894, upon the Petition and Appeal of Mary Duncan Wharton, of Albert Villa, Meyrick-road, Willesden, in the County of Middlesex, widow, and Elizabeth Warwick, of 53, Goodge-street, Tottenham Court road, in the County of London, widow, praying, That the matter of the Orders set forth in the Schedule thereto, namely, two Orders of Her Majesty's Court of Appeal, both dated the 5th of March 1894, also an Order of Vice-Chancellor Wickens, of the 12th of July 1871, and also an Order of the Chancery Division of Her Majesty's High Court of Justice, of the 9th of December 1893, so far as therein stated to be appealed against, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Orders, so far as aforesaid, might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of Edward Masterman (Treasurer of the Royal Free Hospital, Gray's Inn-road, incorporated by Royal Charter, dated the 14th July 1892), the President, Vice-Presidents, Treasurer, and Subscribers of the London Orphan Asylum; Richard Twining (the Treasurer of the Public Dispensary, Great Stanhope-street, Clare Market), the President, Vice-Presidents, and Governors of King's College Hospital; and the Honourable Henry Dudley Ryder (the Treasurer of the National Hospital for the cure and relief of the paralysed and epileptic), lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

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21 cases
  • Re Blake. Berry v Geen
    • United Kingdom
    • House of Lords
    • 9 Mayo 1938
    ...it was attempted by the Appellants to support their contention by a reference to the decision of this House in ( Wharton v. Masterman 1895, A.C. 186). It is true that an accumulation of residue was directed by the testator in that case for a period beyond that permitted by the Thellusson Ac......
  • Byrnes v Kendle
    • Australia
    • High Court
    • 3 Agosto 2011
    ...v Reid (1880) 6 VLR (E) 164 at 167; Gilroy v Stephens (1882) 51 LJ Ch 834; Re Jones; Jones v Searle (1883) 49 LT 91; Wharton v Masterman [1895] AC 186 at 197. 171 Rocke v Hart (1805) 11 Ves Jun 58 at 60 [ 32 ER 1009 at 1010] per Sir William Grant MR. 172 Earl of Egmont v Smith (1877) 6 Ch......
  • Byrnes v Kendle
    • Australia
    • High Court
    • 3 Agosto 2011
    ...v Reid (1880) 6 VLR (E) 164 at 167; Gilroy v Stephens (1882) 51 LJ Ch 834; Re Jones; Jones v Searle (1883) 49 LT 91; Wharton v Masterman [1895] AC 186 at 197. 171 Rocke v Hart (1805) 11 Ves Jun 58 at 60 [ 32 ER 1009 at 1010] per Sir William Grant MR. 172 Earl of Egmont v Smith (1877) 6 Ch......
  • Cpt Custodian Pty Ltd v Commissioner of State Revenue
    • Australia
    • High Court
    • 28 Septiembre 2005
    ...20 CLR 490 at 504. 76 (1841) 4 Beav 115 [ 49 ER 282]; affd (1841) Cr and Ph 240 [ 41 ER 482]. 77 [1984] 2 NSWLR 406 at 410–411. 82 [1895] AC 186 at 78 See Blair v Curran (1939) 62 CLR 464 at 498, 501; Thomas on Powers, (1998) at 380. 79 [1895] AC 186. 80 [1895] AC 186 at 198–200. 81 [1895......
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