9 Questions
What was the primary issue in the Beswick v Beswick case?
Interpretation of a will
Who was requested to receive 500 pounds in the Beswick v Beswick case?
Mary Beswick
What did Lord Reid consider the term 'revoke' to mean in the Beswick v Beswick case?
To take back what one has given away
When did Edwin Beswick die?
October 14, 1962
What did Lord Reid conclude about the revocation in the Beswick v Beswick case?
It took place before the execution of the codicil.
What was Edwin Beswick's main request in his will?
To pay 500 pounds to Mary if she released all claims
Why could Edwin's wish in the Beswick v Beswick case not be carried out?
'Hereby' indicated revocation already occurred.
What does Lord Reid's analysis emphasize about legal terms in the Beswick v Beswick case?
'Hereby' indicates timing of actions.
What did Edwin Beswick request Mary to do in exchange for the 500 pounds?
Release all claims against him
Study Notes
Beswick v Beswick
This case was heard before the House of Lords in 1968 and has been cited extensively in case law since its decision. The primary issue concerned the interpretation of a will and whether it had been revoked. This case is also notable because of Lord Reid's discussion of the word 'revoke', which he considered to mean more than merely taking back what one has given away.
Background
Edwin Beswick died on October 14, 1962. He left a signed codicil, requesting his executors to pay 500 pounds to Mary Beswick if she agreed to release all claims against him. However, there were some issues regarding the validity of the codicil and the meaning of certain terminology used within it.
Court Decision
Lord Reid explained that the intention behind the phrase "subject always to the revocation hereby effected" must have been "that the gift of the money would take place only after such revocation." He concluded that the term "hereby" indicates that the revocation referred to by the clause had already taken place when the codicil was executed.
Therefore, according to Lord Reid's analysis of the codicil, Edwin's wish to give the 500 pounds to Mary, subject to her accepting the release of claims, could not be carried out because the clause revoking the gift had taken place before the execution of the codicil itself.
Impact
This case illustrates the importance of understanding the context and time frame within which legal terms are used. The term 'revoke' can mean more than simply taking back what one has given away, as Lord Reid explained. In this case, the codicil did not effectuate its intended purpose due to the interpretation of the word "hereby" and the meaning of revocation as discussed by Lord Reid.
Conclusion
Beswick v Beswick highlights the need for careful consideration when interpreting legal documents. It demonstrates that words have specific meanings within different contexts and time frames, which must be understood in order to correctly apply them in the resolution of disputes. This case continues to shape the development of private international law and serves as a reminder of the critical role language plays in understanding and applying legal principles.
Explore the landmark case of Beswick v Beswick heard before the House of Lords in 1968. Understand the interpretation of legal terms surrounding wills, revocation, and contractual obligations as discussed by Lord Reid. Learn about the impact and significance of this case in shaping private international law.
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