PT-2024-LIV-000019 - [2025] EWHC 816 (Ch)

Fecha: 11-Ago-2022

Sub-clause 3(ii): Under sub-clause 3(ii)

Sub-clause 3(ii): Under sub-clause 3(ii):

does the use of the word 'surviving' mean that the descendants of May Tedford, Elizabeth Henderson, John Morris and Nancy Hindley do not participate/benefit at all?

do Leila English (D5) and William Morris (D6) (the surviving brother and sister of the Testatrix) benefit alone under sub-clause 3(ii) in equal ½ shares (to the exclusion of all others)?

precisely what assets (if any) fall to be distributed under sub-clause 3(ii)?

how are the words ‘my estate’ to be construed?

> should such words be given their ordinary and natural meaning?

> alternatively, should such words be construed restrictively and narrowly as meaning just the proceeds of the Testatrix's house (£147,592)?

> in the further alternative, should such words be construed as meaning everything in the Testatrix's estate, save and except her saving account (s) with Santander?

the gift in sub-clause 3(ii) is 'in equal shares', rather than ‘in equal shares

absolutely’ - does this carry any relevance at all, and if so, what relevance?

If the words '50% of my estate' are given a wide/natural meaning, is the consequence that nothing at all passes under sub-clause 3(iii), and that nothing falls into residue?