A testator by will gave a share in his residuary estate to his then unmarred daughter and later, under a marriage settlement to which he was party, gave two gifts, namely andpound;1,000 to the prospective husband for his own use and benefit and andpound;4,000 (which he covenanted would be paid within his lifetime or within 2 years after his death) to be held as to one moiety to pay the income to his daughter for her life and then to her husband for life and as to the other moiety to the husband for life and then to the daughter for life, with various remainders to their children, if any, and an ultimate remainder back to his own estate. There was no gift to the husband in the will which that inter vivos gift to him could adeem. ‘The Court has been in the habit of disregarding differences in the manner of settling gifts on a child or child’s family by different instruments which raise a question of ademption or satisfaction, when such differences appear to be in their nature consistent with a presumption that the one gift is meant to be substituted for the other’ ‘But I am not aware that this presumption has ever been held to arise (in the absence of express direction) when the persons taking under the several instruments are themselves altogether different’
References: (1873) LR 16 Eq 258
Judges: Lord Selbourne
Jurisdiction: England and Wales
This case is cited by:
- Cited – In Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others ChD 24-Mar-1999
One of the testatrix’s children was thought to be profligate, and had failed to maintain his own son. Acting under an enduring power of attorney, the testatrix’s attorneys made a substantial gift in establishing an educational trust for that son’s . .
(Gazette 21-Apr-99, Times 02-Apr-99, Gazette 28-Apr-99)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194492
