The court discussed cases of ademption in a context where the two gifts were by instruments, to the effect that: ‘… The law raises a presumption that the second instrument was an ademption of the gift by the instrument of earlier date …’ Though care has to be taken not to offend the parole evidence rule where the gifts involve the construction of written instruments, such evidence has been admitted.
Judges:
Sir James Wigram VC
Citations:
(1844) 3 Hare 509
Jurisdiction:
England and Wales
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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 24 November 2022; Ref: scu.194484