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Open it different; although he also gave a life interest to his wife on his death, this was an interest in the residue of the whole. Following their eventual deaths, the court, relying on Burgess v Rawnsley, held that the differences within the wills <span>did not support the suggestion of a common intention to sever. In particular, the father’s proposed disposition was not dependent on there being a tenancy in common.
This case can be contrasted against Re Woolnough (Deceased) [2002] WLT
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