Williams v Hensman

Its principles of co-owned interests are today more relevant to land, whether from a trust now held as joint tenants (the default form) or as tenants in common (which follows on from express words such as "in equal shares" or from severance); in law all co-owned land in England and Wales must be held in either form.

Money was bequeathed to be invested in stock, and to pay an annuity to A, with the ‘principal[n 1] to go to her children at death.’ All eight children consented to money being invested in a mortgage fund.

The trustee, with full agreement, advanced a sum to one of the children, and the other children covenanted: not to call upon the trustee to make up any deficiency (to them) in case the shares held for them ("the share") should fall short of the advance (made to the other child), and also to indemnify the trustee against all claim(s), damage and expenses by reason of the advance.

When the severance depends on an inference of this kind without any express act of severance, it will not suffice to rely on an intention, with respect to the particular share, declared only behind the backs of the other persons interested.

You must find in this class of cases a course of dealing by which the shares of all the parties to the contest have been effected, as happened in the cases of Wilson v Bell and Jackson v Jackson.Barton v Morris [1985] 1 WLR 1257; [1985] 2 All ER 1032, EWHC Ch D[2] Harris v Goddard [1983] 1 WLR 1203; [1983] 3 All ER 242, EWCA[2]