Channing (nee Journeaux) v Harrison (nee Thomas) [1967] JJ 845 (22 December 1967)

The husband's share of movable property owned jointly with his wife accrues to the wife by survivorship as a gift, but this gift is voidable at the suit of his issue.

Citation: [1967] JJ 845
Parties: Applicant: Channing (nee Journeaux); Respondent: Harrison (nee Thomas)
Jurisdiction: Jersey
Judgment Date: 22 December 1967
Procedural Posture: Succession / Judgment
Outcome: husband's share accrues to wife by survivorship, subject to being voided by issue
Legal Topics: Administration of Assets, Joint Assets, Movable Property, Survivorship, Voidable Gifts

Succession Law Administration of Assets Joint Assets Movable Property Survivorship Voidable Gifts

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Parties

Channing (nee Journeaux)

Applicant

Harrison (nee Thomas)

Respondent

Procedural Posture

Succession / Judgment

Legal Issues

1 Whether the husband's share of movable property owned jointly with his wife accrues to the wife by survivorship as a gift voidable at the suit of his issue.

Ratio Decidendi

The husband's share of movable property owned jointly with his wife accrues to the wife by survivorship as a gift, but this gift is voidable at the suit of his issue.

Court Disposition

husband's share accrues to wife by survivorship, subject to being voided by issue