A testator, by a settlement disposing of his whole estate, made certain provisions for his wife and children, subject to the declaration that these provisions should be in full of their legal claims.
The wife and children accepted the provisions of the settlement.
By the death of the residuary legatees before the period of vesting provided by the settlement part of the estate fell into intestacy.
Held (aff. judgment of the First Division, dub. Lord Davey) that the legal rights of the wife and surviving child were only excluded in so far as conflicting with the settlement, and were not excluded from estate falling into intestacy.
Lord Chancellor (Halsbury), Lord Shand, and Lord Davey
[1899] UKHL 973, 36 SLR 973
Bailii
Scotland
Updated: 20 May 2021; Ref: scu.631838 br>
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