pettit_ch31.pdf - 31 Satisfaction Ademption and Performance...

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31 Satisfaction, Ademption, and Performance Satisfaction was de ned by Lord Romilly 1 as ‘the donation of a thing with the intention that it is to be taken either wholly or in part in extinguishment of some prior claim of the donee’. is can perhaps best be made clear by giving illustrations of the types of circum- stance in which questions of satisfaction may arise. (i) A owes B £500. Subsequently, A makes a will giving B a legacy of £X00. Can B claim both his debt and the legacy in full? 2 (ii) A owes B £500. Subsequently, A pays B £X00, without reference to the debt. Can B still claim the debt in full? 3 (iii) A father covenants in his daughter’s marriage settlement to pay £5,000 to the trustees thereof. He subsequently makes a will, leaving the daughter a settled leg- acy of £X,000, and then dies without having paid any money to the trustees. Is the father’s estate liable to pay both the £5,000 under the marriage settlement and also the legacy settled by the will? 4 (iv) By his marriage settlement, a father has covenanted to provide portions of £1,000 for each of the children of the marriage. His wife dies, leaving two children of the marriage, and, by a settlement made on his remarriage, the father, inter alia, conveys Blackacre to trustees upon trust to raise £X,000 to be settled on the chil- dren of his rst marriage in equal shares. Can the children claim under both settlements? (v) By will, a father gives £5,000 to his daughter, Susie. Subsequently, on Susie’s mar-riage, he pays, or covenants to pay, £X,000 to the trustees of her marriage settle-ment. Can Susie claim under both the will and the settlement?
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