IS Act 178Chapter VI · Chapter XXI.--Of Legacies to creditors and Portioners
Section 178 · Child prima facie entitled to legacy as well as portion
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Where a parent, who is under
obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to
the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the
child shall be entitled to receive -the legacy, as well as the portion.
Illustration
A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken. A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions.
Illustration
A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken. A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions.
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