Pye, Ex P.

Pye, Ex P. in Europe

Definition of Pye, Ex P.

((1811), 18 Ves. 140). Held, (1) That as a general rule, where a parent gives a legacy to a child, not stating the purpose with reference to which he gives it, he is understood to give a portion ; and in consequence of the leaning against double portions, if the parent afterwards advances a portion on the marriage of the child, the presumption arises that it was intended to be a satisfaction of the legacy either wholly or in part ; and this rule applies where a person puts himself in loco pareniis
(2) But no such presumption arises in the case of a stranger or of a natural child, where the donor has not put himself in loco parentis, unless the subsequent advance is proved to be for the very purpose of satisfying the legacy ; and therefore the legatee will be entitled to both

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Definition of Pye, Ex P. is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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