The testator, upon the marriage of a daughter, entered into a bond for the payment of pounds 5000 within six months after his decease to the trustees of his daughter’s settlement, the interest to be paid to the husband for life ; and, after his decease, if the wife survived him and there were children of the marriage, and pounds 1000, part of the pounds 5000, to be paid to the wife, and the remainder to be applied for the use of the children of the marriage ; but if there were no children, pounds 2000 to be paid to the wife, and the remainder of the pounds 5000 to be paid to the executors and administrators of the husband; and in case the husband survived the wife, and there were no children, then the whole of the pounds 5000 to the husband. The testator afterwards made his will, and gave his daughter pounds 5000, stating it to be in addition to what he had secured upon her marriage. About five years afterwards the testator executed a deed whereby he covenanted that his executors should pay to the trustees, within six months after his death, the sum of pounds 5000 upon the trusts of the settlement. Parol evidence of the declarations of the testator was admitted to prove that he did not intend a double portion. Quaere whether the different interests of the husband, wife, and children in the legacy of pounds 5000, and in the sum of pounds 5000 given by the deed, would repel the common presumption against double portions?
Citations:
[1832] EngR 710, (1832) 2 Russ and My 310, (1832) 39 ER 412
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 18 May 2022; Ref: scu.319657