Re Stead
1900 · [1900] 1 Ch 237
Posted By lanbuk.com
- Facts
- A testatrix left property to two women. She told only one of them that part was for another person.
- Issue
- Was the other woman bound?
- Held
- Farwell J set out the rules for co-legatees: are bound only if told; are all bound if one was told before the will, but only those told after it are bound if communication came later. The untold legatee took free.
- Principle
- The binding effect of a on co-legatees depends on how and when they were told.
- Why it matters
- It is often criticised as resting on a misreading of earlier cases.
Words and Latin in this note
- Tenancy in common
- Co-ownership in which each person has a distinct share, which can pass on death. There is no right of survivorship. The word 'tenancy' here means holding, not a lease. Open the note.
- Joint tenancy
- One title held by two or more people. None has a separate share while it lasts. On death the title stays with the survivors. It is not a lease. Open the note.
- Secret trust
- A trust that a legatee under a will has privately agreed to carry out. In a fully secret trust the will shows no trust. In a half-secret trust the will shows a trust but not its terms. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.