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Re Osoba
is an English trusts law case, concerning the construction of a trust to benefit people, rather than a purpose. Facts Mr. Patrick Osoba had left his wife and family property in Nigeria and elsewhere. It was given to his wife "for her maintenance and for the training of my daughter, Abiola, up to university grade and for the maintenance of my aged mother". It was argued by a son from another marriage that the trust for the daughter was invalid, since it could be regarded as only being for a purpose. In the High Court, Megarry VC held that the true construction was that the money was held on trust for the wife, daughter and mother, absolutely as joint tenants. Judgment Goff LJ upheld the High Court on the main point that the property was given to the daughter on trust absolutely, so nothing resulted to the testator’s estate. Buckley LJ concurred and said the following.9791 WLR 247, 257 Eveleigh LJ concurred. See also * English trust law English trust law concer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea to the south in the Atlantic Ocean. It covers an area of , and with a population of over 225 million, it is the most populous country in Africa, and the world's sixth-most populous country. Nigeria borders Niger in the north, Chad in the northeast, Cameroon in the east, and Benin in the west. Nigeria is a federal republic comprising of 36 states and the Federal Capital Territory, where the capital, Abuja, is located. The largest city in Nigeria is Lagos, one of the largest metropolitan areas in the world and the second-largest in Africa. Nigeria has been home to several indigenous pre-colonial states and kingdoms since the second millennium BC, with the Nok civilization in the 15th century BC, marking the first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Megarry
Sir Robert Edgar Megarry, PC, FBA (1 June 1910 – 11 October 2006) was an eminent British lawyer and judge. Originally a solicitor, he requalified as a barrister and also pursued a parallel career as a legal academic. He later became a High Court judge and served as Vice-Chancellor of the Chancery Division from 1976 to 1981. Afterwards he served as Vice-Chancellor of the Supreme Court from 1982 until his retirement in 1985. A prolific legal writer, he is known for such works as ''The Law of Real Property'', ''Lectures on the Town and Country Planning Act 1947'', and ''A Manual of the Law of Real Property'', as well as a series of legal miscellanies. Early life and career Megarry's father was a solicitor in Belfast; his mother's father was a Major General. Megarry was born in Croydon, Surrey and was educated at Lancing and Trinity Hall, Cambridge. He did not concentrate on his academic studies at university, writing for student newspaper '' Varsity'' as its first music cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint Tenants
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies. Many jurisdictions also recognize tenancies by the entirety, which is effectively a joint tenancy between married persons. Many jurisdictions refer to a joint tenancy as a joint tenancy with right of survivorship, but they are the same, as every joint tenancy includes a right of survivorship. In contrast, a tenancy in common does not include a right of survivorship. The type of co-ownership does not affect the right of co-owners to sell their fractional interest in the property to others during their lifetimes, but it does affect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reginald Goff
Sir Reginald William Goff, PC (22 March 1907 – 17 January 1980) was a British judge. He was a Lord Justice of Appeal between 1975 and his death in 1980, when he was known as Lord Justice Goff. Biography The son of William Kingsley Goff and Louisa Goff, Reginald Goff was educated at Sutton County Grammar School, King's College London (Fellow, 1970) and University College London (Fellow, 1968). He took an LL.B. with first-class honours in 1928, and won the Certificate of Honour in the Bar examination the same year. He was called to the bar by Lincoln's Inn in 1929 (Bencher, 1959; Treasurer, 1974). During the Second World War, he served in the Auxiliary Fire Service until 1942, then in the Royal Air Force until 1946; he was an assistant judge advocate general from 1945 to 1946. Goff was appointed a Queen's Counsel in 1953 and was elected to the General Council of the Bar in 1958. He was appointed a Justice of the High Court in 1965 and received the customary knighthood, and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testator
A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Mirza Ghulam Ahmad, Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjective, adjectival form of the word is testamentary, as in: # Testamentary capacity, or mental capacity or ability to execute a will and # Testamentary disposition, or gift made in a will (see that article for types). # Testamentary trust, a trust (law), trust that is created in a will. * A will (la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denys Buckley
Sir Denys Burton Buckley, MBE (6 February 1906 – 13 September 1998) was an English barrister and judge, rising to become a Lord Justice of Appeal. Personal life Denys Burton Buckley was born in Kensington, the son of Henry Burton Buckley, 1st Baron Wrenbury and Bertha Margaretta Jones. He was educated at Eton College and Trinity College, Oxford. He married Gwendolen Jane Armstrong-Jones (1905–1985), daughter of Sir Robert Armstrong-Jones and aunt of the Earl of Snowdon, on 23 July 1932. They had three daughters. During World War II, he served as a Major in the RAOC and GSO Directorate, Signals War Office, in respect of which he was awarded the US Medal of Freedom. Career He was called as a barrister Lincoln's Inn and practised from 11 Old Square, now Radcliffe Chambers. He was appointed as a Bencher in 1949, his arms were placed in the Hall in 1960, and he served as Treasurer in 1969. He was appointed as a High Court Judge in 1960 in the Chancery Division, and rece ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Eveleigh
Sir Edward Walter Eveleigh, Emergency Reserve Decoration, ERD (8 October 1917 - 24 September 2014) was a British barrister, judge and British Army officer. He presided over a number of high-profile cases including that of the serial killer Graham Young and the former MP John Stonehouse. He went on to serve as a Lord Justice of Appeal from 1977 to 1985. Early life Eveleigh was born on 8 October 1917 in Eastleigh, Hampshire. His father was a railway clerk. He was educated at Peter Symonds College, Peter Symonds Grammar School, an all-boys grammar school in Winchester. While at school, he held the record for the 100-yard dash. He was a member of his school's Officer Training Corps, the forerunner to the Combined Cadet Force. He studied law at Brasenose College, Oxford, Brasenose College, Oxford University. Following a break in his studies when he was called up at the start of WW2, he graduated in 1940 with a Bachelor of Arts (BA) degree. This was later promoted to Master of Arts (Oxbr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trust Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
