Before his marriage to B, A covenanted to pay each daughter of the marriage a portion of 20,000 rupees…
The Illustration to section 178 holds that the daughters "are entitled to the benefit of this bequest in addition to their portions". Section 178 provides that where a…
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Before his marriage to B, A covenanted to pay each daughter of the marriage a portion of 20,000 rupees on her marriage. He broke the covenant, and by his will left 20,000 rupees to each married daughter, without saying it was in satisfaction of the portion. What can each daughter claim?
Answer and explanation
Correct answer B
The Illustration to section 178 holds that the daughters "are entitled to the benefit of this bequest in addition to their portions". Section 178 provides that where a parent bound by contract to provide a portion fails to do so and later leaves the child a legacy, the child takes both unless the will intimates that the legacy satisfies the portion. Equal amounts do not raise such an intention.