26 May 2006
ERWOOD V MAXTED AND ANOR HC NEL CIV 2003 442 363
- Citation
- openlaw-ec99d83c_7fc4_4c7b_b35b_ce6a189ab3f0.pdf
- Court
- High Court
The court held the 3 December 1979 letter was precatory and did not create a binding trust; any alleged trust was conditional on payment of reasonable costs which the plaintiff did not satisfy; Edward acquired title without notice of any binding trust and the 1983 transfer and 1989 agreement did not grant the plaintiff a lifelong right of occupation enforceable against the defendants; accordingly the plaintiff's claims failed and judgment entered for the defendants.