30 May 2008
ATKINSON AND ORS V SAMUELS HC AK CIV 2006-404-7878
- Citation
- openlaw-73873b40_9fa0_41fc_8bad_7df2319e380c.pdf
- Court
- High Court
The Court found, on the evidence, that the deceased promised to leave his Glenholme shares to the two Atkinson sons and to make some provision for their sister, that the family rendered services over many decades which exceeded normal family expectations and were causally linked to that promise, and that a just remedy under s 3(1) was to vest the deceased's Glenholme shares in the three plaintiffs as tenants in common in equal shares (with the small loan to the company remaining repayable).