Charles v. Barzey

[2002] UKPC 68 (2002)

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Charles v. Barzey

Judicial Committee of the Privy Council
[2002] UKPC 68 (2002)

Facts

Iris Charles owned a property consisting of a house with an addition containing a garage and storeroom. Iris’s nephew, John Charles (defendant) operated a pharmaceutical company in the building next to Iris’s property, and he used the addition on Iris’s property for his business. When Iris died, her will stated that she bequeathed the “house and lot” to her niece, Yvette Barzey (plaintiff), John’s sister. But the will also stated that Iris gave John “the addition to the house where the garage and storeroom is located…to be used by him as long as he wishes.” Barzey filed suit, seeking a declaration that she took the property, including the addition, as an unencumbered fee simple absolute. The trial court held that Barzey took the property in fee simple subject to John’s life interest in the addition. Barzey appealed, and the appellate court reversed, finding that John’s interest in the addition was repugnant, or contradictory, to Barzey taking the property in fee simple absolute. John appealed, and the United Kingdom Privy Council granted review.

Rule of Law

Issue

Holding and Reasoning (Hoffmann, J.)

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