By antenuptial contract of marriage between A and the daughter of B, in 1825, B bound himself to provide for A ‘a sum equal at least to that which he has already provided or may hereafter provide to any one of his other daughters.’ In 1827 another daughter of B being about to be married, B was desirous to settle pounds 4000 upon her, but was hampered by the marriage-contract provision to A and his wife. B applied to A to assist him, and A wrote a confidential letter to B, saying that he and his wife were content to receive pounds 2000, and would leave the rest to B’s honour. The import of the letter was not to be disclosed, and no improper use to be made of it. The letter further set forth that A and his wife were ready to enter upon an agreement on stamp to the effect expressed in the letter. No further use was made of the letter. B died in 1842, and in 1843, his son, C, paid pounds 4000 to A under his marriage-contract. In 1870 C discovered A’s letter, and brought an action against him for reduction of the deeds under which the provisions were paid, and for repetition of part of the amount. Held (affirming judgment) that the letter in question did not afford ground for reduction, and defender assoilzied.
Judges:
Lord Chancellor Cairns, Lords Chelmsford and Selborne
Citations:
[1874] UKHL 485, : 11 SLR 485
Links:
Jurisdiction:
Scotland
Family
Updated: 20 November 2022; Ref: scu.650213
