William John Dryden v Lorna Young & Ors
| Court | Chancery Division |
| Judge | HH JUDGE DAVIS WHITE KC |
| Neutral Citation | [2024] EWHC 1095 (Ch) |
| Date | 10 May 2024 |
| Year | 2024 |
| Counsel | Ms Sarah Harrison,Mr William Moffett |
Neutral Citation Number: [2024] EWHC 1095 (Ch)
Case No: PT-2023-NCL-000005
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN NEWCASTLE
PROPERTY TRUSTS AND PROBATE LIST (ChD)
The Moot Hall, Castle Garth
Newcastle upon Tyne, NE1 1RQ
Date: 10/05/2024
Before :
HH JUDGE DAVIS-WHITE KC
(SITTING AS A JUDGE OF THE HIGH COURT)
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Between :
WILLIAM JOHN DRYDEN
(As administrator of the Estate of Marjorie Robinson
Thompson Deceased)
Claimant
- and -
(1) LORNA YOUNG
(2) THE ATTORNEY GENERAL FOR
ENGLAND AND WALES
(3) THE ANIMAL DEFENCE TRUST
(4) THE DONKEY SANCTUARY
(5) BRITISH DIABETIC ASSOCIATION Defendants
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- - - - - - - - - - - - - - - - - - - - -
Ms Sarah Harrison (instructed by PGS Law LLP) for the Claimant
Mr William Moffett (instructed by Foot Anstey LLP) for the 4th Defendant
The remaining Defendants did not appear and were not represented
Hearing dates: 16 April 2024
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Approved Judgment
This judgment was handed down remotely at 10.30am on 10 May 2024 by circulation to the
parties or their representatives by e-mail and by release to the National Archives
(see eg https://www.bailii.org/ew/cases/EWCA/Civ/2022/1169.html).
.............................
HH JUDGE DAVIS-WHITE KC (SITTING AS A JUDGE OF THE HIGH COURT)
HH JUDGE DAVIS-WHITE KC (SITTING AS A JUDGE OF
THE HIGH COURT)
Approved Judgment
In re Thompson’s Will Trusts; Dryden v Young
HH Judge Davis-White KC :
Introduction
1. In these Part 8 proceedings I am asked to determine the true construction of certain
gifts of residue in a will. The will is dated 26 May 2016 (the “Will”). It is the last will
and testament of Marjorie Robinson Thompson (the “Deceased”). She died on 9 April
2020. Her address for many years was at an address in Cleadon Village, Sunderland,
Tyne & Wear. The Will, and a codicil dated 20 October 2017, have been admitted to
probate. Letters of administration dated 5 February 2021 have been granted to the
claimant, Mr Dryden, as the attorney of Mr Terence Carney. Mr Carney is appointed
executor and trustee under clause 2 of the Will. He is now retired but was a practising
solicitor. It was he who drafted the will and codicil.
2. Under clause 10 of the Will the residue of the estate is given to fifteen organisations,
each of whom receive one equal fifteenth part of residue. As regards seven of those
organisations, I am asked to determine the validity of the gift and the identity of the
organisation intended to be benefitted, with issues as to whether any gift lapses, and
passes on intestacy, or is to be applied cy-près.
3. The seven gifts in question are as follows:
Clause in Will Description of organisation in Will
10(ii) Animal Defence Society 52-53 Dean Street London W1V 5HJ
10(iv) Animal Health Trust 24 Portland Place London W1N 4HN
10(vii) Society for Promotion of Nature Reserves The Manor House
Alford Lincolnshire
10(viii) The Donkey Sanctuary Springfield Fosters Lane Woodleigh
Berkshire
10(ix) The Home Rest for Horses Sheep Lane Whitchurch Shropshire
10(x) The Heavy Horses Preservation Society Old Rectory Whitchurch
Shropshire
10(xi) The Society for the Preservation of English Countryside
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