A firm of genealogists failed today in a legal test case in the Court of Appeal in which they claimed to be entitled to the proceeds of sale of a redundant church school in Canterbury.
Genealogists Simon and Nathan Fraser, who specialise in locating next of kin in inheritance cases, hoped to profit from the 1992 sell-off after they tracked down the family of the man who originally donated the school land in 1872 and paid them £2,500 for any rights they might have in it.
The Frasers claim stemmed from a proviso made by the donor, Evan Lake, that the land should revert to his estate if it ever ceased to be used for school purposes.
However, the Court of Appeal has now backed an earlier High Court ruling that the Frasers had no right to the money. While the appeal court did not agree with all the reasons given by the High Court judge for dismissing the Frasers action, Mummery LJ was satisfied that the claim was blocked due to a transfer of the land in 1874. The Frasers were, in his view, more than 100 years too late.
The decision could have nationwide implications, as the ownership of many hundreds of redundant schools has already reverted in the same way as Chartham. Many sales are understood to have been put on ice pending todays ruling.
PLS News 24/11/00
