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The Rhode Island Republican
Newport, Newport County, Rhode Island
What is this article about?
Legal query from National Intelligencer on executing a will when twins (son and daughter) are born, contrary to provisions for single child; proposed division gives mother 5,000l., son 6,666l. 6s. 6d., daughter 3,333l. 3s. 3d. based on intent for son to receive double.
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In your paper to day is found the following law question :
In England, a gentleman, worth 15,000l. whose wife was in the family way, finding himself sick, made a will. by which he provided that if the child be a son it should have 10,000l. and the mother 5000l. if a daughter. 5000l. and the mother 10,000l. After the death of the father, she was delivered of twins, a son and daughter. The question now is, in what manner is the will to be legally executed ?
The precise intention of the father being defeated, by the birth of two children, which he could not reasonably have anticipated—the will must be executed according to his supposed wish gathered from the manner in which he seemed disposed to provide for his family. We will therefore give the mother 5000l. as the birth of two children, we conclude, does not at all interfere with this sum as her legacy, because in either event she was to receive at least 5000l. and the actual birth of a son precluded her from taking more.
To the son, we will give 6666l. 6s. 6d. and to the daughter 3333l. 3s. 3d. —it being evident from the sums specified and attached to each, it was the father's intention that the son should take double as much as the daughter.
JUVENIS.
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Where did it happen?
Domestic News Details
Primary Location
England
Key Persons
Outcome
mother receives 5000l.; son receives 6666l. 6s. 6d.; daughter receives 3333l. 3s. 3d.
Event Details
A gentleman worth 15,000l., sick and with his wife pregnant, made a will providing 10,000l. to a son and 5,000l. to the mother, or 5,000l. to a daughter and 10,000l. to the mother. After his death, twins—a son and daughter—were born. The will is to be executed according to the father's supposed intention: mother gets the minimum 5,000l., son gets double the daughter's share from the remaining 10,000l.