NO. 1126–HIGH COURT OF JUSTICE (KING’S BENCH DIVISION)–

30TH AND 31ST JANUARY, 1940

Sur-tax – Total income – Residuary legatee living in property forming part of estate prior to ascertainment of residue – Whether annual value income of the beneficiary.

  Under the will of Lord Wolverton, who died on 3rd October, 1932, his widow, the Respondent, became entitled to an absolute interest in his residuary real and personal estate. The real estate included freehold property at Newmarket in which the Respondent continued to live after Lord Wolverton’s death. The residue of the estate was ascertained on 20th July, 1937.

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