Montefiore v Guedalla: 1859

Referring to the doctrine of ademption: (Turner LJ) ‘… the court will not impute to a parent the intention twice to discharge the same obligation of providing for his child – a rule founded, as it seems to me, on very sufficient reasons; for there can be no doubt that, in the absence of it, the affairs of families would in many cases be involved in the utmost confusion.’ and (Lord Campbell LC) ‘The doctrine of ademption has been established for the purpose of carrying in to effect the intention of fathers of families for providing for their children, and of preventing particular children from obtaining double portions, contrary to such intention.’

Judges:

Turner LJ, Lord Campbell LC

Citations:

(1859) 1 de GF and J 93

Jurisdiction:

England and Wales

Cited by:

CitedIn 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: 06 May 2022; Ref: scu.194483