One of the parties to an antenuptial contract of marriage conveyed to trustees certain funds to which ‘she will succeed in and through the settlements of her father, particularly a sum of pounds 4000, or such other sum as she may be entitled to’ under the said settlement. She never expressly discharged her claim to legitim, and the claim was not satisfied, as neither she nor her representatives ever received any payment or took any benefit under her father’s settlement. Nothing had happened to prejudice the rights of other beneficiaries, and the fund out of which legitim was payable was still extant.
In an action by her trustee and executor under a will executed subsequent to her settlement- held that the provisions of the antenuptial contract did not amount to election to take her conventional provisions, and that the pursuer as her representative was entitled to the share of legitim which vested in her on her surviving her father, with interest to date.
Lord Wellwood, Ordinary
[1892] SLR 30 – 72
Bailii
Scotland
Updated: 27 September 2021; Ref: scu.613581 br>
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