Gilpin, Courtney v Shackleford, Valrie Consolidated with Shackleford, Paulette and Shackleford, Sylbourn v Shackleford, Valrie

Case Number: 
2018 HCV 02117 and 2018 HCV 02478
Neutral Citation: 
[2020] JMSC Civ 195
Date of Delivery: 
02.10.2020

Wills – Construction – The appropriate construction to be applied to particular clause in a will – Whether fee simple absolute was bequeathed – Whether will created a settlement – Perpetuities – The rule against perpetuities – Whether particular clause in the will offends the rule against perpetuities – Whether particular clause in the will is void for uncertainty – Repugnancy – The doctrine of repugnancy – Whether particular clause in the will infringes the doctrine of repugnancy – Recovery of funds expended in accordance with the will – The Wills Act, section 23, The Settled Land Act, sections 2(2),(4),(5),(6),(10), 3(a), 6(1), 24(2)(a) and 25(1)
Costs – The appropriate cost order to be made in the circumstances – Civil Procedure Rules, 2002, rules 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

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