10 Watts 54 | Pa. | 1840
The opinion of the court was delivered by
Where a parent makes a provision for a child by his will, and afterwards gives to such child a portion in marriage, if a daughter, or pays a sum of money for establishing him in the world, if a son, the legacy is held to be adeemed. Hartop v. Whitmore, 1 P. Wms. 681. And in'such cases parol evidence of the testator’s declarations is admissible to show that the advancement was intended either to be an assumption of the legacy or a satisfaction of it pro tanto. Accordingly in Bigleston v. Grubb, 2 Atk. 48; where a bill was brought for a legacy of 500 pounds by a husband in the right of his wife, given her under the will of her father, notwithstanding he had received of the testator in his lifetime 500 pounds as a portion, parol evidence was admitted to show that the father gave the 500 pounds to the husband, in full of what he intended for his daughter under his will. Also in Rosewell v. Bennett, 3 Atk. 77, where B having by his will given all his real and personal estate equally among his children, and at the conclusion of it directed his executor to lay out a sum not exceeding 300 pounds in putting out the
Judgment reversed, and a venire de novo awarded.