In A-G v Seccombe [1911] 2 KB 688, it was held in the High Court that the words ‘or otherwise’ were to be construed eiusdem generis with the word ‘contract’, and that they covered contracts between the parties to the gift and third parties, and any other transactions enforceable at law or in equity which, though not in the form of a contract, may confer a benefit, such as a lien. The Crown's contention that the words covered unenforceable arrangements was rejected. In Seccombe it was held that in the absence of an enforceable agreement the donor's presence in a house after giving it away did not amount to a reservation.

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