Page 94 - index
P. 94

heard  her rnother nicntion  thici  xvish,  h~r aunts had  told
                                        her,  and  no  doubt  correctly,  that  shehad  expressed it.
                                        Thcre is no evidencc ~hatcver that the Appellant  was in
                                        any way  iruposed  upon  in making the giftu.
                                          In Aiigust,  1872, the Appellant, Marie, whilst resident
                                        in England, marricd Le Marquis de Bassano, a French 8ub-
                                        ject.  After  thcir  mnrriage  the Appellants residcd  cither
                                        in France or England.  A child of this marriage was born
                                        in Xovcml-ier, 1873, and n second in November, 1874.
                                          In letteis  written  by  La  Marquise,  whilst iesident in
                                        Europe,  to her uncle  Mniirice Cuvilim, bcfore  and after
                                        lier msrriage,  one bcing aftcr thc birth  of  her first  child,
                                        ahe spoke of  and recogniscd the donations. In a letter of
                                        the 9th of  xovrr~~ber, she says  :-
                                          'II  also want  to arrange so that thc capital of  the dons-
                                        tions niade Iiy me at my coming of  age to you, iincle Austin,
                                        aunt  Luce  and  nunt  Delisle, should  be  paid  dom  and
                                        given to each of  you  respectively, so that if  1 marry my
                                        husband  cannot  interfere, or know anything about it."
                                          The in~tdmcntu of  the income of  the donation in ques-
                                        tion in this action were'duly paid down to November, 1875.
                                          In January  1876,  the  Appellants  went  to  Canada,
                                        and  la  Marquise, au  she  states, and no doubt  truthfuliy,
                                        then lcarned for the first time that, according to the law of
                                        Canada, (as she was advised) her donations u7ere revoked
                                        by the birth  of  her  children.  She thereupon  resolved  to
                                        repudiate  them, and made no fiirther  payrnents.
                                          It appears that on an investigation of  accounts it was
                                        found  that  Mr.  Maurice  Cuvilier,  the  gunrdian  of  the
                                        Appellant Malie during her minority, and who had mane,
                                        ged her pioperty aftcr shc came of  age, had misrnanaged
                                        it, by  which  some losses weie incuired.
                                          The  two  uncles  of  the  Appellants and her  aunt Luce
                                        have renounced the giftr made  in their  favour, thus  lea-
                                        ving  as done in question the donation to Mrs. Delisle,  in
                                        trust for her five daughtern.
   89   90   91   92   93   94   95   96   97   98   99