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Birch v. Curtis ChD 14/6/02 |
 | | Penny provided the bulk of it, out of the proceeds of Hazelwood Close, but Philip provided about £25,000, and a small sum was also raised by a mortgage on which £7,592.96 was outstanding on Penny’s death in 1986. |
 | | Although Penny may not have understood it, the effect of the disposition of Fullers Hill to Philip for life was probably to create a settlement for the purposes of the Settled Land Act 1925. |
 | | Whereas her evidence was that Penny had told her that she was giving Philip the house because she did not want him to have to move, Richard’s evidence is that she told him that she was giving him the house precisely so that, if he wanted to, he could move. |
| www.ucc.ie /law/restitution/archive/englcases/birch.htm (10613 words) |
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