Thynne v Sheringham

• 1. Equity
  2. › Trusts and trustees
  3. › Constructive trusts
  4. › Mutual wills
  5. › Memorandum of wishes
  6. › Agreement that surviving spouse would leave property or proceeds of sale to sons of testator
  7. › Power to expend proceeds for own needs
  8. › Nature of trust arising at time of testator's death
  9. › Floating obligation that crystallises on repudiation of agreement
• 1. Real Property
  2. › Caveats
  3. › Caveatable interest
  4. › Property acquired under will
  5. › Owner subject to equitable obligation to leave property in accordance with agreement with testator
  6. › Power to sell and expend proceeds of sale
  7. › Whether intended beneficiary under mutual wills agreement has caveatable interest in land
  8. › Real Property Act 1900 (NSW), s 74F

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