The Gazette 1977

GAZETTE

MAY-JUNE

SALE OF LAND Planning

New house — No planning permission — Sale by lease — Whether breach of covenant for quiet enjoyment - (1974 No. 928P - Parke J. - 10/2/77) Fitzpatrick v. McGivern Ltd. WILL Testator Moral duty — Mother's sole asset being the family home — Mother bequeathing all her property to middle-aged unmarried daughter who resided in the house — Daughter always gainfully employed and contributing substantially to maintenance of house — Two sons aged 60 and 61 also residing in house — One son semi-invalid and the other unemployed — No breach by mother of moral duty to make proper provision for plaintiff son in accordance with her means — Succession Act, 1965, s. 117 — (1976 No. 379 Sp. - Hamilton J. - 25/2/77) Bray v. Bray.