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Estoppel – Proprietary estoppel. The proceedings concerned a dispute between members of a family as to the beneficial ownership of a farm. Under wills made by the deceased father of the claimant in 1999, the farm was left on trust for the claimant subject to certain conditions. The claimant, relying on proprietary estoppel, contended that that was contrary to oral promises, made by his father and assented to by his mother, that he would inherit the farm. The Chancery Division held that the claimant had established a proprietary estoppel such that it would be unconscionable to deny the claimant an equity in the farm. However, the equity did not extend to a bungalow on the farm, which had been occupied by the claimant's siblings and mother.
Estoppel – Proprietary estoppel. The proceedings concerned a dispute between members of a family as to the beneficial ownership of a farm. Under wills made by the deceased father of the claimant in 1999, the farm was left on trust for the claimant subject to certain conditions. The claimant, relying on proprietary estoppel, contended that that was contrary to oral promises, made by his father and assented to by his mother, that he would inherit the farm. The Chancery Division held that the claimant had established a proprietary estoppel such that it would be unconscionable to deny the claimant an equity in the farm. However, the equity did not extend to a bungalow on the farm, which had been occupied by the claimant's siblings and mother.
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