Representation of McCammon [2008] JRC 221 (12 December 2008)
The Court cannot re-write a will regarding real estate without statutory authority; the relevant statutes do not provide such authority.
- Citation
- [2008] JRC 221
- Parties
- Representor: Antony Lewis Tisdall McCammon; Devisee: James McCammon; Interested Party: Rupert McCammon
- Jurisdiction
- Jersey
- Judgment Date
- 12 December 2008
- Procedural Posture
- Probate Application / Judgment
- Outcome
- application refused
- Legal Topics
- Variation of Will, Statutory Authority, Distribution of Real Estate
Case Brief
Summary, issues, holding and outcome
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Parties
Antony Lewis Tisdall McCammon
Representor
James McCammon
Devisee
Rupert McCammon
Interested Party
Procedural Posture
Probate Application / Judgment
Legal Issues
- 1 Whether the Court has statutory authority to alter the disposition of real estate under the will
Ratio Decidendi
The Court cannot re-write a will regarding real estate without statutory authority; the relevant statutes do not provide such authority.
Court Disposition
application refused
Full Case Text
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