Stanley v Potter, (1789) 2 Cox Eq Cas 180
Citation:Stanley v Potter, (1789) 2 Cox Eq Cas 180
Rule of thumb:If a person leaves you property in a will, and they sell this before they die, are you entitled to the financial equivalent in their will? No, you are not entitled to anything – the presumption is that they decided not to give this person anything.
Judgment:
‘The idea of proceeding on the animum adimendi has introduced a degree of confusion... I believe it will be a safer and clearer way to adhere to the plain rule which I before mentioned, which is to inquire whether the specific given remains or not’.
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