Advise Barry, Edna and Gwen of their rights Essay

Advise Barry, Edna and Gwen of their rights - Essay Example The following day Les took the title deeds to a cottage he owned in Southport and wrote on them ‘All this now belongs to Edna’. In July 2009, Les was diagnosed with cancer. He said to his mistress, Gwen: ‘It is my dying wish, Gwen, that you should have my Knightsbridge penthouse apartment. Here are the keys to the apartment and to the deed box which is at my bank. Put them in your bag. My solicitor will sort out the details when I am dead.’ Advise Barry, Edna and Gwen who wish to know whether they are entitled as beneficiaries under completely constituted trusts of, respectively, (i) the watch, (ii) the shares and the cottage, and (iii) the Knightsbridge apartment. In order to advise the parties in the above, it is necessary to determine whether any of the bequests would be regarded as valid. When determining the validity it is necessary to ensure that the dispositions have been fully constituted. Within the law of trusts and bequests certain formalities have to be adhered to in order for the trust document and will to be regarded as valid. As there is no indication in relation to the age and mental status of Lee it will be assumed, in this instance, that the requirements of the Family Law Reform Act 1969 s1(1) have been satisfied. Where a trust is created in a will, the courts will determine the validity by reference to the Wills Act 1837 s9 which was amended by Administration of Justice Act 1982 s. 17. With all bequests, the three certainties need to be present in order for the bequest to be fully constituted. The three certainties are certainty of intention1, certainty of subject matter2 and certainty of objects3. Intention can be inferred from the wording in the will, and it is therefore important to ensure clarity when making a will. The case or Re Kayford demonstrates that the word trust does not need to be included in the wording of the will in order for the

Election of 1876 Research Paper Example | Topics and Well Written Essays - 1250 words

Election of 1876 - Research Paper Example Amendment 14 and 15, passed in 1866, were well incorporated in the constitution giving black citizens equal status as whites and abolishing slavery. The stage was all set to select a new president for the new United States of America. The panic created by the economic depression in 1873 had left the public with many bitter memories. The economic depression had also reduced the interest of northerners in Reconstruction of southern region. (Olson, 15-24) General Ulysses Grant, the 18th President of US was not able to handle the 1873 panic crisis aptly. Many key people in his government were directly accused of being involved in the railroad corruption charges. Hence, the entire population of US was hoping for a change and the election of 1876 was supposed to deliver it. (Brune, 124) Selection of the 19th US President The election of 1876 has a very special significance in US history. It is till date the closest Presidential election in the US history. On March 03, 1987, Rutherford Birc hard Hayes was sworn in secretly in the Red Room as the 19th President of The United States. The entire saga dates back to the last Presidential term of General Ulysses Grant. Grant’s term as a President was tainted with many corruption charges. Both the Republicans and the Democrats were aware of the importance of winning public trust to clinch the 19th US Presidential Election. Hence, both the parties wanted their candidates to have a clean image. To serve this purpose the democrats opted for Samuel J. Tilden, who had an impeccable record. Tilden had established himself as the reform minded governor of New York. He also had strong support base .His stand on removing the remaining Federal occupation soldiers from south had won him many fans from his northern constituency. Due to the economic crisis, the northern region was no more interested in the Reconstruction of south. The Reconstruction was depleting the north and they wanted to end the reconstruction movement. (Cooper) The republicans on the other hand decided to nominate James G Blaine but due to his involvement in some questionable deals his nomination was revoked and Rutherford B. Hayes was nominated. Rutherford B. Hayes was the governor of Ohio. He also like Tilden had a clean public image and commanded respect from many. He was hailed as a war hero by many. Peter Cooper was nominated by the National Greenback Party. He was 85 years of age. The Republicans raised questions regarding the health issues of Tilden. Tilden’s ties with railroad projects were also an issue of objection for many. The democrats questioned the intentions of Hayes regarding reforms to assure equality to the black citizens of United States (Cooper). The Election Campaign As the election campaign began, the general view was that the Democrats would win by a huge margin. Grant’s term as a President was clouded by many corruption charges. The Republicans were afraid of a public backlash due to their last gover nment’s performance. By the time the election was concluded, it appeared as though Tilden had won the election. It was only once the counting was over that it was realized that Tilden must win the southern state votes by huge margin to declare a win. The republicans became aware of the ground reality and fought southern state elections with a new leash of life. The Republicans and the Democrats both indulged in giving bribes and spread money around to buy votes. Florida, Louisiana, and Southern Carolina were the states in question. Both parties knew that if