Mignan v Parry
| Jurisdiction | England & Wales |
| Judgment Date | 28 June 1862 |
| Date | 28 June 1862 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 1119
ROLLS COURT
S. C. 31 L. J. Ch. 819; 7 L. T. 88; 8 Jur. (N. S.) 634; 10 W. R. 812.
[211] mignan . paery. June 20, 28, 1862. [S. C. 31 L. J. Ch. 819 ; 7 L. T. 88; 8 Jur. (N. S.) 634 ; 10 W. R. 812.] A post-nuptial settlement of money recited an ante-nuptial contract. By the settlement, those children who survived their parents alone took, but by the contract, as recited, all the children took vested interests at their birth. The recital being the only proof of the contract: Held, that the Court must act on the settlement. In October 1792, a marriage having been agreed upon between George W. Mignan and Margaret Taylor, who were resident in the East Indies, an agreement was executed between the parties, dated the 25th of October 1792. This agreement was not forthcoming and the only evidence of it was a recital contained in a subsequent postnuptial settlement. The recital of the agreement, in such settlement, was as follows:- " Whereas in and by a certain memorandum of agreement, bearing date, Telli-cherry, the 25th day of October now last past, made before and in prospect of the marriage of George William Mignan and Margaret his now wife, between George William Mignan of the first part, Margaret by the name of Margaret Taylor of the second part and William Page, John Agnew, George Parry and Robert Taylor of the third part, it is witnessed or declared that Robert Taylor, desirous of making some provision for the said Margaret Taylor in the event of her marriage with George William Mignan, had executed a bond for the sum of 15,000 rupees (15,000) to William Page, John Aguew, George Parry and Robert Taylor, payable in the event of such marriage taking place, which sum of 15,000 rupees (15,000) it is declared is to remain with William Page, John Aguew, George Parry and Robert Taylor, in [212] trust for the benefit of Margaret Taylor aforesaid, and in the event of children arising from such intended marriage, the said sum of 15,000 rupees to devolve to such children arising from such intended marriage, the said sum of 15,000 rupees to devolve to such children, share and share alike, upon the demise of the said Margaret Taylor, otherwise, that is to say, in the event of there being no children the longest liver of the two, namely, George William Mignan and Margaret Taylor, to become entitled to the aforesaid 15,000 rupees. And it is, therefore, witnessed to be the intention of all the said parties and that...
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