Chapman and Others v. Perkins [1905] UKHL 856 (03 March 1905)

Chapman and Others v. Perkins [1905] UKHL 856 (03 March 1905)

The forfeiture provision in the will was intended by the testator to apply only to marriages contracted after his death; therefore, a marriage within the prohibited degree during the testator's lifetime does not result in forfeiture of the beneficiary's interest.

Citation
[1905] UKHL 856
Parties
Appellants: Chapman and Others; Respondent: Perkins
Jurisdiction
United Kingdom
Judgment Date
03 March 1905
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Court of Appeal in England
Outcome
appeal dismissed
Legal Topics
Will Construction, Forfeiture Clauses, Testator's Intention, Marriage Within Prohibited Degrees
Wills and Probate Trusts and Estates Will Construction Forfeiture Clauses Testator's Intention Marriage Within Prohibited Degrees

Case Brief

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Parties

Chapman and Others

Appellants

Perkins

Respondent

Procedural Posture

Appeal / House of Lords Judgment on Appeal From Court of Appeal in England

Legal Issues

  1. 1 Whether a forfeiture clause in a will applies to a marriage contracted during the testator's lifetime or only after his death

Ratio Decidendi

The forfeiture provision in the will was intended by the testator to apply only to marriages contracted after his death; therefore, a marriage within the prohibited degree during the testator's lifetime does not result in forfeiture of the beneficiary's interest.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed.