Osoba v Osoba & Ors [1978] EWCA Civ 3 (31 October 1978)

Osoba v Osoba & Ors [1978] EWCA Civ 3 (31 October 1978)

Clause 5 of the will created a trust for the benefit of the widow, daughter, and mother absolutely; the stated purposes are motives and do not limit the gift. The three named beneficiaries took the residue as joint tenants. As the mother predeceased the testator and the widow subsequently died, Abiola Osoba is entitled to the whole residuary estate as surviving joint tenant, subject to inquiry into severance.

Citation
[1978] EWCA Civ 3
Parties
Plaintiff (appellant): Anthony Osoba; Defendant (respondent): Luke Amiolemen Osoba; Defendant (respondent): Nora Majekodunmi; Defendant (respondent): P. Aduba; Defendant (respondent): Abiola Osoba; Defendant (respondent): The Official Solicitor
Jurisdiction
England and Wales
Judgment Date
31 October 1978
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment
Outcome
Order of Vice-Chancellor Megarry varied; declaration that widow and Abiola became entitled as joint tenants; inquiry into severance and marshalling ordered.
Legal Topics
Construction of Wills, Residuary Estate, Purpose Trusts, Joint Tenancy Vs Tenancy in Common, Partial Intestacy
Wills and Probate Trusts Property Law Construction of Wills Residuary Estate Purpose Trusts Joint Tenancy Vs Tenancy in Common Partial Intestacy

Case Brief

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Parties

Anthony Osoba

Plaintiff (appellant)

Luke Amiolemen Osoba

Defendant (respondent)

Nora Majekodunmi

Defendant (respondent)

P. Aduba

Defendant (respondent)

Abiola Osoba

Defendant (respondent)

The Official Solicitor

Defendant (respondent)

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether clause 5 of the will creates an absolute gift or a purpose trust
  2. 2 Whether the residue passes absolutely to named beneficiaries or results in partial intestacy
  3. 3 Whether the beneficiaries take as joint tenants or tenants in common

Ratio Decidendi

Clause 5 of the will created a trust for the benefit of the widow, daughter, and mother absolutely; the stated purposes are motives and do not limit the gift. The three named beneficiaries took the residue as joint tenants. As the mother predeceased the testator and the widow subsequently died, Abiola Osoba is entitled to the whole residuary estate as surviving joint tenant, subject to inquiry into severance.

Court Disposition

Order of Vice-Chancellor Megarry varied; declaration that widow and Abiola became entitled as joint tenants; inquiry into severance and marshalling ordered.

Orders

  • Declaration that widow and Abiola became entitled to the residuary estate as joint tenants.
  • Inquiry into severance and marshalling to be conducted.