Van Grutten v Foxwell
1897 · AC 658
Posted By lanbuk.com
- Facts
- A will limited interests in a way that raised the rule in Shelley's Case. The House of Lords had to decide whether the rule still governed the construction.
- Issue
- Does Shelley's Case yield where the testator plainly meant the heirs to take by purchase?
- Held
- No. The rule is a . Intention does not displace it.
- Principle
- Where the rule applies, 'heirs' cannot be read as a word of purchase merely because that is what the testator wanted.
- Why it matters
- Lord Macnaghten's criticism of the rule did not stop the House applying it. Sierra Leone still does.
Words and Latin in this note
- Rule of law
- The principle that government must act under and within the law, that everyone is equal before it, and that power is not used arbitrarily. Dicey gave it three meanings. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.