Curry v Curry

The case of Curry v Curry involved the plaintiff, Curry, who was the registered proprietor of a property. The defendants, also Curry, were in occupation of the property and claimed entitlement to it under a later will. The plaintiff had been granted probate of an earlier will which had devised the property to them. The defendants argued that they were entitled to occupy the property despite the plaintiff's title. The court was required to determine whether the defendants had any right to occupy the property despite the plaintiff's title and whether the grant of probate to the plaintiff was valid.

The court examined the wills in question and determined that the earlier will, which had been granted probate to the plaintiff, was valid and had effectively devised the property to the plaintiff. The court held that the defendants had no legal right to occupy the property despite the plaintiff's title. The court further held that the grant of probate to the plaintiff was valid and that the defendants had no standing to challenge it.

As a result, the court ruled in favour of the plaintiff and declared that the defendants had no right to occupy the property. The court also ordered the defendants to vacate the property and pay the plaintiff's costs of the proceedings. This decision reinforces the principle that the registered proprietor of a property is entitled to possession of that property and that any claim to the property by another party must be based on a valid legal right.