Vice-Chancellor's Court, ...
) Lw YJt5l-5HANCELtT.OR gave judgment in this case- His I.oonur atated, that the bill was filed by the plaintifTx, Mtrs. Noel and Mrs. Plumtree, who claimed to he entitled tn equal sharet in a sum of 15,0091., under the will of their father. Bv the terms of the nill, that sum, it was directcd, should be divided into three equal portions, and that one should be paid to eaeh of his tlhree daughters, oi whom Lady EdwArd O'Brien was the third. The plaintiff, bowever, contenoled, that the latter lady was not entitled to take -yrv share in the bequest, because she had relinquishled all the interest -w-iici she Might have or expect to have under her father's will, in c,nsequence of his having given lier in hiis life-time 10,0001. as a m:Trriage portion. In pursuance of tilis arrangement, a colicil tvas :atAahed to the will of the rbterer, i2 whlieh it was provided for. Trie terms in whlich this codicil was coneeived were somewhat obscure, a-id had given rise to doubts whether it was really the intention of -the testator that the portion which lhe hal Kiven to his daughter should exclude her from all benefit urnder his will. To set these doubts at rest, the suit now before the Court waa instituted. The circumn,tance nf the will having beee made befoTre the marriage of Lady Edward O'Brien, anti of the codicil haviag been added subse- suently to that event, must have considerable weight in aicling the decision of this case. His Honour lIad examined with great caution the whole of the doc"tments, and the result of his consideration was, that it was not the intention of the father that Lady Edward O'Brien .should share in that saim which, before her marriage, he had in- tended ae a provision, for his three daughlters, because shie had alreadv received from another part of his fortur,e a larger share than lie hail before appropriated for her. Hie therefore decreed in favour of the leaver of the bill, and directed that the sum of 15,0001. should be divided in equal pronortions between .Irs. Noel and Mrs. Plumtree, to the exclusion of Lady E3dwvard O'Brien. VICECHiANCELL(OR'S COURT, SATITUDAY, OCT. 13. I -m 11 h V. LOBD WAT.qTGNGIAM.