Cornwall couple win right to uncle's home
- 5 October 2012
- From the section Cornwall
A couple have won a two-year battle over an academic's former home set in 15 acres in Cornwall.
The Court of Appeal in London ruled that Lower Manaton was "held on trust" for Roger Taylor and Denise Burkinshaw.
The couple said Roger Taylor's late uncle, Bill Taylor, had promised to leave the property near Callington to them but had gone back on the promise.
The couple and their two children had moved from Sheffield to live with Bill Taylor more than 10 years ago.
The Court of Appeal was told that Bill Taylor, former director of art history at Sheffield Hallam University, had suggested the couple move in with him after a lawnmower and chainsaw were stolen from outbuildings.
They heard that Bill Taylor had made a will under which the property would pass "to Roger and Denise outright", but had changed provisions in later wills saying he feared that "(Roger) would blow all the money".
Bill Taylor had launched legal action in 2010 seeking a declaration that Roger Taylor and Ms Burkinshaw were "no more than tenants".
He died, aged 90, before the case came to court.
But in 2011 a county court judge ruled in favour of Roger Taylor and Ms Burkinshaw.
Lord Justice Lloyd, Lord Justice Richards and Lord Justice Elias, at the Court of Appeal, upheld that ruling after a challenge by the executors of Bill Taylor's will.
Lord Justice Lloyd said, in a written decision that the county court judge had taken into account "all relevant factual considerations".