{"id":10585,"date":"2013-04-02T13:22:55","date_gmt":"2013-04-02T13:22:55","guid":{"rendered":"http:\/\/legaldictionary.lawin.org?p=10585"},"modified":"2013-04-02T13:22:55","modified_gmt":"2013-04-02T13:22:55","slug":"pye-ex-p","status":"publish","type":"post","link":"https:\/\/lawlegal.eu\/pye-ex-p\/","title":{"rendered":"Pye, Ex P."},"content":{"rendered":"
((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<\/p>\n<\/h4>\n
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