Entail – Provision – Equity. –
An entail empowered the next heir to grant provisions to his younger children; but he conceiving that the entail so executed was in fraud of his father’s marriage-contract, which provided the fee of the estate to the heir of the marriage, disponed the estate in fee to his own daughter, and did not exercise the powers conferred of granting provisions. Held, on reduction of the son’s settlement, as in fraud of the entail, that when she was deprived of the benefit of her father’s settlement, equity will support that deed to the extent of a reasonable provision, although the powers of the entail in this respect had not been exercised.
Citations:
[1757] UKHL 1 – Paton – 643
Links:
Jurisdiction:
Scotland
Equity
Updated: 21 July 2022; Ref: scu.558239