A testator by his will conferred certain interests in his estate upon his children, providing however that on the occurrence of certain enumerated events, e.g., the bankruptcy of a child, or if a child contracted a marriage within a degree of kindred indicated in the will, he or she should forfeit his or her interest under the will.
During the lifetime of the testator a daughter contracted a marriage within the prohibited degree.
Held that, as regarded the forbidden marriages, the provision as to forfeiture was meant by the testator only to apply to a marriage entered into after his death, and that consequently the daughter had not forfeited her interest.
Judges:
Lord Chancellor (Halsbury), Lords Macnaghten, James of Hereford, and Lindley
Citations:
[1905] UKHL 856, 42 SLR 856
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 26 April 2022; Ref: scu.621171