A legacy is given to A on condition that he marries with the consent of B, C and D. A marries without…
Illustration (v) to section 128 holds that "A has not fulfilled the condition". The condition required consent to the marriage, which must exist before it takes place.…
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A legacy is given to A on condition that he marries with the consent of B, C and D. A marries without asking them, but obtains their consent after the marriage. What is the result?
Answer and explanation
Correct answer D
Illustration (v) to section 128 holds that "A has not fulfilled the condition". The condition required consent to the marriage, which must exist before it takes place. Approval given afterwards is not substantial compliance with a condition precedent under section 128.