Vardon’s Trusts, Re in Europe
Definition of Vardon’s Trusts, Re
(31 Ch. D. 275). The doctrine of election is founded on a presumed intention that effect shall be given to every part of an instrument, but this presumption is rebutted where the instrument expresses an intention to the contrary. The doctrine of election extends to voidable gifts of a person’s own property.
In 1860, an antenuptial settlement was made on the marriage of W and Miss Vardon, then an infan.t, by which 5,000 was settled upon trust that the income should be paid to her for her life for her separate use with restraint upon anticipation, and they both covenanted to settle all after-acquired property upon trusts, the effect of which was to give Mrs. W the ultimate reversion. In 18133 a legacy of 8,000 was bequeathed to her for her separate use. Held, she was not put to election and she would take the 8,000 without compensating out of the 5,000 those persons disappointed by her refusal to settle the 8,000
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Definition of Vardon’s Trusts, Re is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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