Evans v Le Feuvre [1987] JLR 696 (23 December 1988)

Evans v Le Feuvre [1987] JLR 696 (23 December 1988)

The court held that for the purposes of intestate succession, the descent of realty as paternal or maternal propre is determined by identifying the person last holding it as acquêt, and no distinction is to be drawn between different types of acquêt.

Citation
[1987] JLR 696
Parties
Applicant: Evans; Respondent: Le Feuvre
Jurisdiction
Jersey
Judgment Date
23 December 1988
Procedural Posture
Succession/intestacy / Judgment
Outcome
judgment for respondent
Legal Topics
Intestacy, Propres, Descent of Realty, Acquêt
Succession Law Intestacy Propres Descent of Realty Acquêt

Case Brief

Summary, issues, holding and outcome

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Parties

Evans

Applicant

Le Feuvre

Respondent

Procedural Posture

Succession/intestacy / Judgment

Legal Issues

  1. 1 Whether the descent of realty as paternal or maternal propre depends on ascertaining the person last holding it as acquêt
  2. 2 Whether a distinction is to be drawn between different types of acquêt for the purposes of intestate succession

Ratio Decidendi

The court held that for the purposes of intestate succession, the descent of realty as paternal or maternal propre is determined by identifying the person last holding it as acquêt, and no distinction is to be drawn between different types of acquêt.

Court Disposition

judgment for respondent