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Articles for the keyword(s) "Construction/interpretation of will"

"Adoption, the Marshall Case, and the Conflict of Laws"

BD Inglis, 1957

In a critical discussion of Re Marshall, Barclays Bank Limited v Marshall [1957] Ch 263; 2 WLR 439; 1 All ER 549, the author laments the failure of the Court to distinguish between the law governing the construction of a will (in interpreting “child” or “issue”) and the law determining the status of a foreign adopted child (whether fully legitimate) in determining such child’s rights of succession. Reference is also made to Re Brophy [1949] NZLR 1006, which fails to accord full effect to this distinction.