or she dies’ side, in the order specified in Part I ot Schedule If, -shal] take the moiety Which the father and the mother would have taken if they had survived the intestate. The next-of-kin standing first in Part I of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed as that each male shall take double the share of each female standing in the same degree of propinquity ; (c) where there are no relatives ‘on the father’s side, the intestate’s widow or widower shall take the whole. 56. When a Parsi dies leaving neither lineal : descendants nor a widow ! : “.. next-of-kin, in the order reieeal descendants,” set forth in Part IL of ' Schedule II, shall be entitled to succeed to the whole of the property as to which he or she dies intestate. The next of kin standing first in Part II of the same Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distribut- ed as that each male shall take double the share of each female standing in the same degree of propinquity. . PART VI. | TESTAMENTARY SUCCESSION, CHAPTER I. Introductory. 57. The provisions of this Part which are set Application of certain Gtioeld Schedule tt shall, angela of Part toa class subject to the restrictions of


The provisions of this Part which are set Application of certain Gtioeld Schedule tt shall, angela of Part toa class subject to the restrictions of wills made by Hindus, and modifications speci- its fied therein, apply— (a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day-of September, 1870, within the territories which at the ~ said date were subject to the Lieute- nant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay ; and (b) to all such wills and codicils made out- side those territories and limits so far as relates to immoveable property situ- ate within those territories or limits: Provided that marriage shall not revoke any such will or codicil. part chal _ (1) The provisions of this Part not Bea ) Ateaton of apply to testamentary Part. succession to the pro- perty of any Muhammadan nor, save as provided by eection 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina ; nor shall they apply to any will made before the first day of January, 1866. GAZETT 92 THE E OF INDIA, OCTOBER 10, 1925. a ————————_ «1.4 in sub-section (Z) or by Save as provided in suD-St0r™ any other tat for the time bemg 12 force, the i itute the law ist ¢ this Part shall constitute j British india applicable to all cases of testa


the time bemg 12 force, the i itute the law ist ¢ this Part shall constitute j British india applicable to all cases of testa mentary succession. ———— CHAPTER I. Or Wits anp CoDICILs. und mind not being 4 nal. Eve Ye a may dispose of aid capable of making yi property by will. “i a ‘oy J.—A married woman may dis- eet of any property which she could by her own act during her life. t . dumb lanation 2.—Persons who are deaf or dur sli etersnct thereby incapacitated for making 3 will if they are able to know what they do by it. Explanation 3.—A person who 1s ordinarily ian may make a will during an interval in which he is of sound mind. Ezplanation 4—No person can make ao will while he is in such a state of mind, whether aris- ing from intoxication or from illness or from any other cause, that he docs not know what he is doing. pose by alienate Tllustrationa. A can perceive what is going on in his immediato neigh- 1 oe an can answer familiar questions, but hgs not a competent understanding as to the naturo of his proporty, or the persons who are of kindred to him, or in whose favour it would be proper that he should make hiswill. A cannot make a valid will. (it) A oxecutes an instrument purporting to bo his will, but ho docs not understand the nature of the instrament nor the eficct


valid will. (it) A oxecutes an instrument purporting to bo his will, but ho docs not understand the nature of the instrament nor the eficct ofits provisions. This instrument is not a valid will, (iii) A being very fecble and dobilitated, but capable of exercising a judgment as to the proper mode of disposing of his property, makes a will, This is o valid will. 60. A father, whatever his age may be, may by i will appoint a guardian or ‘Testamentary ™ guardians for his child during minority. 61. A_ will or any part of a will, the making of Will obtained by fraud, Which has been caused by coercion or importunity, fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. Illustrations. (i) A falsely and knowingly represents to the testator that the testator’s only child is dead, or that he has done some undutiful act and thereby induces the testator to make a will in his, A's favour; such will has been obtained by fraud, and is invalid. ; , (ti) A, by fraud and deception, prevails upon the t to bequeath a legacy to him, The bequest is said Sstator (1) A, Leing a prisoner by lawful authority, makes his w; Tho will is not invalid by reason of the jrapheonieent is wall (iv) A threatens to shoot B, orto burn his houso m to be arrested on o criminal charge, unless ereuakene bequest in favour of C.


(iv) A threatens to shoot B, orto burn his houso m to be arrested on o criminal charge, unless ereuakene bequest in favour of C. B, in ant er makes a bequest in favour of ©. The bequest is voi : been caused by Seen es is void, the making of it having _ dv) A, being of sufficient intellect, if undist influcnee of others, to make a will Yet being cae fie aie tg that be ‘e noe a free avent, makes a will, dictated i: appears that ould re i but for fear a B The sll ietuvalil ave’ expeted tho will (tv) A, being in eo feeble a state of h a, U ro tee ble eth to me ett impart! Se peelced hy Boy ule ¢ eee Certain purport and duce ro merely to Purhace pea sid'iy eubmi-sion to B. ‘iby will is invalid SY Sd in “*) A being in such a state of health as to be oking his Bonk judgment and volition, B Uses Ungest in °% cossion and persuasion with him to induce him to make et ofacortain purport. A, in consequence of tho inte . ¥iD uasion, but in tho freo exorcise of his judgment gat tion, makes his will in the manner recommended b Yolj, will is not rendered invalid by tho intercession and Pervaasi® of B. ii) A, with a view to obtaining o logacy from B, ; stein and flatters him and thereby produces in Ea Kin riclous


of B. ii) A, with a view to obtaining o logacy from B, ; stein and flatters him and thereby produces in Ea Kin riclous partiality toA. 3B, in consequence of such atten? and flattory, makes his will, by which ho leaves a legacy ay The bequest is not rendored invalid by tho attention ai flattery of A. 62, A will is liable to be revoked or altereg }, the maker of it at any tim, when he is competent to’ dispose of his property by will, Will may be rovoked or altered. CHAPTER III. Or THE EXECUTION OF UNPRIVILEGED Wis, 63. Every testator, not being a soldier employ. ed in an expedition o engaged in actual warfare, or & mariner at sea, shall execute his will according to the following rules :— (a) The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction. (6) The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will. (c) The will shall be attested by two o more witnesses, each of whom _ has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presente and by the direction of the testator, 0 . has


to the will or has seen some other person sign the will, in the presente and by the direction of the testator, 0 . has received from the testator a persousl acknowledgment of his signature mark, or of the signature of such other person ; and each of the witnesses shll sign the will in the presence of the testator, but it shall not be necessily that more than one witness be preset at the same time, and no _ particu form of attestation shall be necessary: 64. If a testator, in a will or codicil duly 5 Incorporation of papers tested, refers to any other Execution of unprivilog- od wills. by rofererce, document then actualy a written as expressing co part of his intentions, such document shall deemed to form a part of the will or codicil in which it 18 referred to, CHAPTER IV. - OF PRIVILEGED Wits. ; 65. Any soldier being employed in an expel Privileged wills, tion or engaged in ae af bei . warfare, or any marie eing at sea, may, if he has:completed the 9¢° rl ooo years, dispose of hit property by ® vs ri in the manner provided in section 66. 5 are called privileged wills. THE GAZETTE OF INDIA, OCTOBER 10, 1925. 83 P ee ‘ - Jilustrations. r attached to o regiment, is actually oon: Ho is o seldier actually employed ip ott oT an make a privileged will, a merchant-ship, of which he is the and, being at


oon: Ho is o seldier actually employed ip ott oT an make a privileged will, a merchant-ship, of which he is the and, being at sea, can moko a : isan at 600 in (i) He is 5 mariner, j ped will +7 in the field against i i le Idior serving in e field ag insurgents, is iii) eed jn actual warfaro, and as such can make a or eu i=) sed will. — : marine? of o ship, in the course of a voyage, is fir) 44 n shore While she is lying in harbour. Ho is, for sporty i" this section, a mariner at sea, and‘can make a ee will. eh iral who commands a naval forco, but who fs) at Od only occasionally gocs on board his ship, shorts bso vesidered 8 at sea, and cannot make a privileged £0 ¥ : i milita dition, but not r serving ona Ty expedition, Dut no (ri) 4, 8 dares as o soldicr, and can make a : ea, td il ee (1) Privileged wills may be in writing, vedo of making, and ormay be made by word of rls ieee privi- mouth. - The execution of privileged wills shall be overned by the following rules :— (a) The will may be written wholly by the testator, with his own hand. In such case it need not be signed or attested. (t) It may be written wholly or in part by another person, and signed by the testator.


case it need not be signed or attested. (t) It may be written wholly or in part by another person, and signed by the testator. In such case it need not be attested. (c) Ifthe instrument purporting to be a will is written wholly or in part by another person and is not signed by the testator, it shall be deemed to be his will, if it is shown that it was written by the test- ator’s directions or that he recognised it as his will. (2) If it appears on the face of the instrument that the execution of it in the manner intended by the testator was not com- pleted, the instrument shall not, by reason of that circumstance, be invalid, provided that his non-execution of it can be reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument. (¢) If the soldier or mariner has written in- structions for the preparation of his Will, but has died before it could be Prepared and executed, such instruc- tons shall be considered to constitute his will. (NT the soldier or mariner has, in the Presence of two witnesses, given verbal ‘nstructions fdr the preparation of his will, and they have been reduced into Nee in his lifetime, but he has died Mefore the instrument could be prepared Gnd executed, such instructions sball * considered to constitute his will, ‘though they may not have been Teduced into Writing in his presence, hor read


Gnd executed, such instructions sball * considered to constitute his will, ‘though they may not have been Teduced into Writing in his presence, hor read over to him. ) The Soldicryor mariner may make a will .¥ Word’ of mouth by declaring his ay tteations before two witnesses present © tame time, or (4) A will made by word of mouth shall be null at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a pri- vileged will. CHAPTER V. Or THE AtresraTion, Revocation, ALTERATION AND Revivat or WILs. 67. A will shall not be deemed to be insufficiently Effect of gift to attesting Sttested by reason of witness, any benefit thereby given either by way of bequest or by way of appointment to any person attesting it, or to his or her wife or husband ; but the bequest or appointment shall be void so far as concerns the person so attesting, or the wife or husband of such person, or any person claiming under either of them. ' Explanation.—A legatee under a will does not lose his legacy by attesting a codicil which con- firms the will. 68. No person, by reason of interest in, or of his |, being an executor of, a will, shall be disqualified as a witnessto prove the execution of the will or to prove the validity or invalidity thereof. 69. Every will shall be revoked by the marriage of the maker, except a


of the will or to prove the validity or invalidity thereof. 69. Every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. Ezplanation—Where a man is invested with power to determine the disposition vf property of which he is not the owner, he is said to have power to appoint such property. 70. No unprivileged will or codicil, nor any j. part thereof, shall be re- voked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is herein- before required to be executed, or by the burning, tearing or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same. : Illustrations, ; ivilened will, Afterwards A ate ciate see rivil eget will ck purports to revoke the ja is a revocation. ae Fi a nade an unprivilezed will. _ Afte Soaberg an being entitled to make a privileged vill, makes a privilege ai which purports to revoke hia unprivileged will, This is a revo cation. . . 74. No obliteration, interlineation or other alteration made in


privilege ai which purports to revoke hia unprivileged will, This is a revo cation. . . 74. No obliteration, interlineation or other alteration made in any unprivileged will after the execution thereof shall have any effect, except so far as the words or meaning of the will have been thereby rendered illegible or undiscernible, unless such alteration has been executed in Jil manner as Witness not disqualified by interest or by being executor. . Rovgeation of will by testator’s marringe. Revocation of unpri leged will or codicil. Effect of obliteration, interlincation or alteration in vnprivileged will. 84 "HE GAZETTE OF INDIA, OCTOBER 10, 1925, E Parr py a he M novided that the will, as 50 altered, shall to be duly executed if the signature of Ee pestator and the subscription be the viet of j i in or on § the wi ines oe neat to such alteration, oF at the foot or end of or opposite to a ater “e referring to such alteration, and written at t end or some other part of the will. 72. A privileged will or codicil may be revoked . ivileged by the testator by an un- stor codicil — privileged will orcodicil, or " _ by any act oe = i i revoke it and accompanied by suc eemalea as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and


to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Ezplanation—In order to the revocation of a privileged will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged will. 73. (1) No unprivileged will or codicil, nor any ; part thereof, which has le Bere! at been revoked in any man- ner, shall be revived other- wise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same. (2) When any will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the whole thereof, unless an intention to the contrary is shown by the will or codicil. reinbefore is required for the execution of the unprivi- CHAPTER VI. Or THE ConsTRUCTION OF WILLS. 74. It is not necessary thatany technical Wording of will. words or terms of art be uscd in a will, but only that the wording be such that the intentions of the testator can be known therefrom. 75. For the purpose of determining


a will, but only that the wording be such that the intentions of the testator can be known therefrom. 75. For the purpose of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the pro- perty which is claimed as the subject, of dis- position, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the vords which the testator has used, Tilustrations, (i) A, hy his will, bequeaths 1,006 r i to his youngest grande ild, or to hiseauain: sareldest Cot i Pay make inquiry in onder to ascertain to’ what perpen description in the will applies, pemaniitke Inquiries tos deter. mine questions as to object or subject of will. i A, b his will, leaves to B “ my catato ca adh Tt may be necessary to take evidence ind Dd ascertain what is the subject-matter of the be ucst - ne to say, What cstato of the testator’s is called Blac, Acre ati ii is wi es to B “ the e PP Pe Q *, " Tr tone bo necessary to take auch 2 Dor. order to ascertain what estato the testator purchase <q of In 76. (1) Where the words used in a will to de signate or describe legatee or a


what estato the testator purchase <q of In 76. (1) Where the words used in a will to de signate or describe legatee or a | ass , legatees sufficiently sho, what is meant, an error in the name or descr; tion shall not prevent the legacy from takin effect, (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected hy the name. Misnomer or misdescrip- tion of object. Tustrations, (i) A bequeaths a legacy to “ Thomas, the second gon af my brother John,” Tho testator has on only brother named John, who has no son named Thomas, but has 4 second sun whose name is William. William will have the logacy. GIy A bequeathsa legacy ‘to Thomas, tLe second son of m brother Jobn,” ‘The testator has an only brother, nated John, whose first son is named Thomas, and whose second gon is named William. Thomas will have the legacy, (iti) The testator bequeaths his property “to A and B, the legitimate children of C.” C lias no legitimate child, byt has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate. (iv) The testator gives his residuary estate to be divided among “my soven children” and, procecding to enumerat them, mentions six names only, This omission will not prevent the seventh child from taking a share with the others (v)


and, procecding to enumerat them, mentions six names only, This omission will not prevent the seventh child from taking a share with the others (v) The testator, having six grandchildren, makes a bequest to “my six grandchildren” and, proceeding to mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name is not mentioned will take a share with the others. (vi) The testator bequeaths “1,000 rupees to cach of the three children of A.” At the date of the will A has fou children. Each of those four children will, if he survives the testator, receive a legacy of 1,000 rupees. . 77. Where any word material to the full expres sion of the meaning has been omitted, it may be supplied by the context. Illustration. Tho testator gives a legacy of “five hundred” to his daughter A and a legacy of “ five hundred rupees” to his daughter B, A will take a legacy of five hundred rupecs. 78. If the thing which the testator intended to . bequeath can he sufi ea of renee ciently identified from A 7 ipti sgt +h a Ur ; ubje 7 in description th e description of it gived _ in the will, but some parts of the description do not apply, such parts of the description shall be Tejected as erroneous, and the bequest shall take effect. . illustrations, . (iA beyueaths to B“ my marsh-lands lying in Land the occupation of X." The


as erroneous, and the bequest shall take effect. . illustrations, . (iA beyueaths to B“ my marsh-lands lying in Land the occupation of X." The testator had marsh-lands lyi0e in L but had no miarsh-lands in the occupation of x, Ih let in Ole ovcupation of X ” shall be rejected as erronee™ Me marsh. ine i i . i ee i-linds of the testator lying in L_ will pas Rane Gi) The lestator bequeaths to A“ indari of " = + my zomindar oO pur." He had an estate at Rampur but it was a talug 04 not a zamindari. Tho taluq passes by this lequest- 79. If 2 will mentions several circumstance When putt of d as descriptive of the “ "A port of description hip) May nut be tohicted as Which the testator, an erroncous, tends\to bequeath, ; his ¢ there is any property © mmm respect of which all those cireumstanc When words may be supplied. THE GAZLITE OF INDIA, OCTOBER 10, 1995, ifs 85 shall be considered as limited gist, the OV orty, and it shall not be lawful to y 1p sted eee of the description as erroneous, nett soy 2 testator had other property. to which pave t of the description does not apply. a -on-—In judging whether a case falls Explanalt ine aning of this section, any words “hin the be liable to rejection under section d to have been struck out of the be nest 4 would si be deeme will


words “hin the be liable to rejection under section d to have been struck out of the be nest 4 would si be deeme will Tilustrations. “my marsh-lands lying in L, and in, yA bequeath ior The testator had marsh-lands lying be occupation i ch wero inthe occupation of X, and somo «, L. some 0 ation of X. The bequest will be considered pt in toe each of the testator’s marsh-lands lying in Las i the occupation of X. iy lade ismeoiach ann} “my marsh lan ying in L and in ti A bequeath a ca aaniiie 1,000 bighas of lands,” ie occupa had marsh-lands lying in L. some of which were Theta tion of X und some not in tho occupation of X. in the occupa ment is wholly inapplicable to the margh-lands ee as or to the whole taken together. Tho measure- either be considered us struck out of the will, and such rhe testator’s marsh-lands lying in L as wero in the cecupation of X shall alone pass by the bequest. 80, Where the words of a will are unambiguous, but it is found by extrin- Extrinsic evidenco. ad- sic evidence that they a a of patent admit of applications, me one only of which can have been intended by the testator, extrinsic evidence may be taken to show which of these applications was intended. Illustrationa, (i) A man, having two cousins of the name of Mary, be- ucaths a sum of money to“ my cousin


these applications was intended. Illustrationa, (i) A man, having two cousins of the name of Mary, be- ucaths a sum of money to“ my cousin Mary.” It appears that there are tivo perzons, cach answering the description inthe wil That description, therefore, admits of two appli- tations, only one of which can have been intended by the kstator, Evidence is admissible to show which of the two applications was intended. ti) A, by his will, leaves to B “my estate called Sultan- par Khurd." It turns out that he had two estates called Sullanpur Khurd. Evidence is admissible to show which utate was intended. : 81. Where there is an ambiguity or deficiency on the face of a will, no Admissible in extrinsic evidence as to | eablguity or deitenen the intentions of the testator shall be admitted. | EN !a9 no sunt oft an aunt, Caroline, and a cousin, Mary, and 1.009 (ame of Mary. By his will he bequeaths ¥ Cousin, i, my aunt, Caroline” and 1,000 rupees’ to to “my Defy ary "and afterwards bequeaths 2,000 rupees hom the tt “mentioned aunt, Mary? Thero is no person hs is not adpaption given in the will can apply, and evi- fore ment; - jissible to show who was meant by “my “1 for uncer; tuats Mary.” The bequest is therefore fii) A be “rtainty under section 89. kuin a tueaths 1,009 rupces to . Rae) = *ettissiblg to ier the name of the legatee. Evidence is not at


“rtainty under section 89. kuin a tueaths 1,009 rupces to . Rae) = *ettissiblg to ier the name of the legatee. Evidence is not at °W what name the testator intended to in- Extrinsic evidence in- Illustrations, tits tate a bequeaths toB : rupees, ur “my j Thaj 5 le to Evidence is not tended to ing What sim or what estate the testator 82, ; he Meaning of any clause in a will is to “lege MSOF clause tp, be collected from the from entire wil, entire instrument, and ued hith all its parts are ta be con- Telerence to cach other. SS amend Illustrations. (1) The testator gives to Ba & cific fund or the death of A, and by a subeequetit clause dined the itols uf his Property to A. The effect of the several clanses taken together is to vert the specific fund or property in-A for lifo, and after his decease in B; it appearing from the bequest ta B thut the testatur meant to use in a restricted sense the words in which he describes what he gives to A, _ (it) Where a testator having an estate, one part of which is called Black Acre, bequeaths the whole of his estate to A, and in another part of his will bequeaths Black Acra tn B, the latter bequest is to bo reed as an exception out of the first as if he had snid “I givo Black Acro to B, and all tho


is to bo reed as an exception out of the first as if he had snid “I givo Black Acro to B, and all tho rest of ; ny estate to A.” 83. General words may be understood in a re When words may bo stricted sense where | it ois 9 restricted may be collected from sense, un s i 1 ear oe lial the will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator meant to use ‘them in such wider sense, Illustrations, (i) A_ testator gives to A: “my farm in the oceupntion ot B,” and to C “all my marsh-lands in L.” Part of the farm in the occupation of B consists of marsh-lands in L, and tho testator also has other marsh-lands in L. The general words, ‘all my marsh-lands in L,” are restricted by tho gift to A. A takes the whole of the farm inthe occupation of B, includ- ing that portion of the farm which consists of marsh-lands in L, (if) Phe testator (a sailor on ship-board) bequeathed to his mother bis gold ring, buttons and chest of clothes, and to his friend, A (a shipmate), his red box, clasp-knife and all things not before bequeathed. . The testator’s sharein a house does not pass to A under this bequest,


shipmate), his red box, clasp-knife and all things not before bequeathed. . The testator’s sharein a house does not pass to A under this bequest, (iis) A, by his will, bequeathed to B all his houschold furni- ture, plate, linen, china, books, pictures and all other goods of whatever kind; and afterwards bequeathed to B a specifi- ed part of his property. Under the first bequest, B is entitled only to such articles of the testator’s as aro of tho samo nature with the articles therein enumerated. 84. Where a clause is susceptible of two mean- ; ings according to one of Which of two possible which it-has some: effack constructions preferred. . > and according to the other of which it can have none, the former shall be preferred. 85. No part of a will shall be rejected as desti- No part rejected, if it tute of meaning if it ean be reasonably con- 18 possible to put a reason- strued. able construction upon it. 86. If the same words occur in different parts Interpretation of words of the same will, they shall repeated in different parts be taken to have — been of will. used everywhere in the same sense, unless a contrary intention appears. 87. The intention of the testator shall not be ‘cstutor’s intention to Set aside because it can- be eflectuated as iar as not take effect to the possible. full extent, but effect is 1o be given to it as far as possible, /llu


eflectuated as iar as not take effect to the possible. full extent, but effect is 1o be given to it as far as possible, /llu tration. Tle testator by a wi.J made on his death-bed bequeathed all his preperty to COD for bfe and after his decease to a certain hospital The intention ef the testator cannot take offect twits full extent, because the gift to the hu-pital is void und-t section 118, but it will take effect so far aa regards the yift to UD. Ivo i] a THE GAZETTE OF INDIA, OCTOBER 10, 1925. [ Parr jy ee “fin. % il are Where two clauses or gifts in @ Wi an jrreconcileable, so that The last of two incon- they ' cannot possibly sistent clauecs prevails, stand togeth er, the last shall prevail. Illustrations. ; ! the first clause of his will leaves his tlectnaeuee tb A” and by tho last clause of his will Jeaves it “to B and not to A." B will have it. (ii) If a man ot the commencement of his will gives his house to A, and at the close of it directs that his house shall be sald and tho procecds invested for the Lonefit of B, tho latter disy osition will prevail. 89. A will or bequest not expressive of any Will or bequest void for definite intention 1s void uncertainty, for uncertainty. Illustration. Ifa testator says “I bequeath goods to A," or “ I bequeath to Sor “y ea


for definite intention 1s void uncertainty, for uncertainty. Illustration. Ifa testator says “I bequeath goods to A," or “ I bequeath to Sor “y ea to A al) the goods mentioned in the Sche- dulo” and no Schedulo is found, or ‘I bequeath ‘ money,’ ‘wheat,’ ‘oil’” or tho like, without saying how much, this is . void. . 90. The description contained in a will of Words describing sub. Property, the subject of ject refer to property an- gift, shall, unless a con- swering, description at trary intention appears by a": the will, be deemed to refer to and comprise the property answerin that description at the death of the testator. 81. Unless a contrary intention appears by Power of appointment the will, a bequest of thé executed by general be- estate of tha testator shall quest. be construed to include any property which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power ; and a bequest of property described in a gene- ral manner shall be construed to include any Property to which such description may extend, which he may have power to appoint by will to any object he nay think proper, and shall operate 48 an execution of such power, 82. Where property is bequeathed to or for the benefit of certain objects Implied gift to abjects of 8 & specified person may power ay default of ap- appoint or for


or for the benefit of certain objects Implied gift to abjects of 8 & specified person may power ay default of ap- appoint or for the benefit ‘. of certain objects in such Proportions as a specified Person may appoint and the will does not Provide for the event of no y belongs hares, Ttustration, A, by hie will, bequeaths a fund : . * to his wi . and tee eae =i death it shall be aiid eee dies without having, ee i ee 4ppoint. The widow will be divided equally among tho chiktiee Tho fund 83, Where a bequest is made to the “ heirg ” or "Tight heirs”? oy « rela- tions . or “ nearest rela- tions” oy « family” oy kin” op .,, “dred” oy “ nearest of thos next-of-kin of a Particular person be any qualifying terms, ond the ¢] Cesignated forms the direct and ; lent ob, Bequest tu heirs,” ete,, of Particular person with. but qualifying termg, leaving assets for the payment of hig debts ; dependently of such property. in, Illustrations, i) A leaves his property ‘to my own nonrogt rel : ee ee goes to thoxo who would be entitleg toi 7 had Tied intestate, leaving assots for tke Payment of A debts indopondently of such property. iy it) A bequeaths 10,000 rupecs " to B for his life, a ne death of B, to my own right heirs”, Tho legacy atten death belongs to those who would bo entitled


B for his life, a ne death of B, to my own right heirs”, Tho legacy atten death belongs to those who would bo entitled to it if it a formed part of A’s unbequeathed property, iit) A leaves his property to B; but if B dics befory p,; tol DS nentabkins Bf dics before A tho property dee as if it hnd belonged to B, and ho had died intestate, leaving ‘assets for the payment of his debts independently’ of * property. . iv) A leaves 10,000 rupecs ‘‘ to B for his life and aft eee to tho heirs of C”. Tho legacy goes ag if it nes belonged to C, and he had died intestate, leaving OBSete for tho payment of his debts independently of the legacy, 94, Where a bequest is made to the “ Tepresent. Bequest to “represent. atives” or “ legal Tepre- ative,” otc., of particular sentatives ” or “ persona] person. representatives” or “executors or administrators” of a Particular person, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died S- . intestate in respect of it. Illustration, A bequest is made to the “ legal representatives " of A, A has died intestate and insolvent. B is his administrator, B is cntitled to receive the legacy, and will apply it in the first place to the discharge of such part


B is his administrator, B is cntitled to receive the legacy, and will apply it in the first place to the discharge of such part of A's debta as may remain unpaid: if there be any surplus, B will pay it to those persons who at A’s death would have been entitled to receive any proporty of A’s which might remain after payment of his debts, or to the representatives of such persons, 95. Where property ia bequeathed to any per- Bequest without words son, he is entitled to the of limitation. whole interest of the testa- tor therein, unless it appears from the will that only a restricted interest was intended for him. 96. Where property is bequeathed to a person with a bequest in the alter- Bequest in alternative, native to another person ; orto a class of persons, then, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect ; butif he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. Illustration, (*) A bequest is made to A orto B, A survives tho testator B takes nothing, (it) A bequest is mado to Aorto B. A dies after the dale of tho will, and before tho testator. Tho legacy gocs to B. (i) A bequest is madeto A orto B. Aisdead at tho


the dale of tho will, and before tho testator. Tho legacy gocs to B. (i) A bequest is madeto A orto B. Aisdead at tho date ef the will. The legacy gocs to B, _ (‘v) Property is bequeathed to" A or his heirs. A survives thetestator, “A takes the property absolitet. (v) Property is bequeathed to A or his nearest of ki dies in the lifetime of the testator. Upon the death of the testator, the bequest to A's nearest of kin takes effect- (vi) Prop-rty ia bequeathed to A for life, and after his death io B or his heirs, A and B survive the toctator, Bde in A's lifetime, ’ irs of D tukes offen Upon A’s death the hequest to the he! (tii) Property is bequeathed to A for life, and after his dest? ‘oBorhisheirs, B dies in the Aa A ours t . H tae auator Upon A's death the bequest to the heirs ° \ ye] THE GAZETTE OF INDIA, OCTOBER 10, 1935. 87 ty is bequeathed to a person gy. Where poe and. words are added spat of So dese, which describe a class of rot of class ersons but do not denote ics abs : 1 ‘ect objects of o distinct and independ- ps aire? erson is entitled to the whole eat gilts ne testator therein, unless a contrary pie appeats by the will. inter Illustrations, A bequest is mado — is children, ; tod ane children by his present wife, 7


a contrary pie appeats by the will. inter Illustrations, A bequest is mado — is children, ; tod ane children by his present wife, 7 3 heirs, . i and the heirs of his body, ‘Aand tho heirs malo of his body, [ Aand the heirs female of his body, to A and his isauo, to A and his family, to A und his descendants, to Aand his representatives, ; 0 Aand his personal representatives, an hia executors and administrators, (i) Ineach of these cases, A takes the whole interest which the iy tetator had in the property. i) A bequest ig made to A and his brothers, bis kis ns jointly entitled to the legacy. iil at is made to A for life and after his death to is (ia ee death of A the property belongs in equal re to all persong who then answer the doscription of issue dA, 98, Where a bequest is made to aclass of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the kgacy, 99. Ina will— Construction of terms, (o) the word “ children ” applies only to lineal descendants in the first degree of the person whose “¢hildren ” are spoken of ; lH) the word “ grandchildren ” applies only to ‘aldescendants in the second degree of the Pon whose “ grandchildren ” are spoken of ; (0) the words « nephews ” and


only to ‘aldescendants in the second degree of the Pon whose “ grandchildren ” are spoken of ; (0) the words « nephews ” and “ nieces” apply ‘aly to children of brothers or sisters ; « i the words « cousins,” or “ first cousins,” or bothnteermon,” apply only to children of the €rs or of sisters of the father or mother of Person Whose ‘ cousins,” or “ first cousins,’ “ousins-german, “are spoken of ; Words “first cousins once removed ” ; UY to children of cousins-german, or to “fret oan of a parent of the person whose “ousins once removed ” are spoken of ; (f the Words “ A and Fequest to class of per- xcs under general deserip- tia oaly. ty Second cousins”’ apply only to f brothers or of sisters of the &tandmother of the person whose ” are spoken of ; “Poly yords “issue” and “ descendants ” roy ae lineal descendants whatever of the keg gf “issue” or descendants” are (N) isons ba ©xpressiye of collateral relationship qh NS 0 telatives of full and of half blood ; u er or Seong consi ee (2) all words expressive of relation : ship apply t 4 child in the womb who is aft oie a CIwards born alive. 100. In the absence of any intimation to the contrary in a will, the word “child,” the word “son,” the word “ daugh- ter,” or any word which } expresses relationship, is to be understood


in a will, the word “child,” the word “son,” the word “ daugh- ter,” or any word which } expresses relationship, is to be understood as de- noting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the will, the reputation of being such relative. _ Words expressing rola. fionship denote only legiti- mute relatives or failing such relatives reputed legi- timate. Illustration. ° (i) A having three children, B, C and D, of whom B and C are legitimate and D ig illegitimate, leaves his Property to bo equally divided among “my children.” ‘Tho property belongs to B and C in equal shares, to the exclusion of D. (1s) A, having a nicco of illegitimate birth, who has acquired the reputation of being his nicce, and having no legitimate niece, bequeaths a sum of money tohisniece. ‘I'he illegitimate nieco is entitled to the legacy, (ft) A, having in hia will enumerated his children, and named as one of them B, who ia illegitimate, leaves a legacy to “ my said children", B will take a share in tho legacy along with the legitimate children, (tv) A leaves a legacy to “ the children of B ". Bis dead and has left none but illegitimate children, All those who had at the date of the will acquired the reputation of being tho children of B are objects of the gift. (v} A bequeaths a legacy to “ thechildrén


of the will acquired the reputation of being tho children of B are objects of the gift. (v} A bequeaths a legacy to “ thechildrén of B ". Bonever had any legitimate child. Cand D had, at the date of the will, acquired the reputation of being children of B, After the date of the will and before the death of the testator, E and F were born, and acquired the reputation of being children of B. Only C and D are objects of the bequest, (vi) A°makes a bequest in favour of his child hy o certain woman, not his wife. B had acquired at the date of the will the reputation of being the child of A by the woman designated. B takes the legacy. (vii) A makes a bequest in favourof his child to be born of a woman who nover becomes his wife. The bequest is void, (vi) A makes a bequest in favour of tho child of which o certain woman, not married to him, is pregnant, ‘The bequest is valid. 101. Where a will purports to make two be- : quests to the same person, Rules of construction and & question arises whe- where will purports to ther the testator intended make two bequests to same to make the second be- _e quest instead of or in ad- dition to the first ; if there is nothing in the will to show what he intended, the following rules shall have effect in determining the


to the first ; if there is nothing in the will to show what he intended, the following rules shall have effect in determining the construction to he put upon the will :— _— (a) If the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the co- dicil, he is entitled to receive that specific thing only. (b) Where one and the same will or one and the same codicil purports to make, in two places, a bequest to the same erson of the same quantity or amount of anything, he shall be entit'ed to one legucy only. (c) a Pear Taacied of unequal amount are given to the same person in the same will, or in the same codicil, the legstee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the other by a codicil, or each by IV 2a THE GAZETTE OF INDIA, OCTOBER 10, 1925. 88 a different codicil, the legatce is entitled to both legacies. . . »,—-In clauses (a) to (d) of this section, Explanatioi Joes not include a codicil. the word “ will” INustrations. . ten shares, and ne more, in the Imperial de his will, which contains near its com- ’ " queath my ten shares in the ee nae ol shen 3 PC Ate other Leque.ts, the vill concludes with the words ‘*


com- ’ " queath my ten shares in the ee nae ol shen 3 PC Ate other Leque.ts, the vill concludes with the words ‘* and denials ay a oe in the Imperial Bankof India to B”. is ais simply to receive A's ten shares in the Imperial Bank of Indic. i ii ing one diamond ring, which was given him b i fe ucatlie to C tho diamond ring which was given by yA rdy made a codicil to his will, and thereby, after siding othe Ieensies he bequeathed to C the diamond ring : . ’ aj ing ©. t the Rich was given him by B. C can claim nothing excep ee fing which was given to A by B. TH by hig will, bequeaths to B the sum of 5,000 rupees ssl teeta in the ais will repeats the bequest in the sume words. B is entitled to one legacy uf 5,000 rupees only. iv) A, by his will, bequeaths to B the sum of 5,000 rupces at terres in the same will bequeaths to B the sum of 6,000 rupees. B ig entitled to receive 11,000 rupees. (v) A, by his will, bequeaths to B 5,000 rupees and by a codicil to tho will he bequeaths to him 5,000 rupees. B is entitled to receive 10,000 rupees. (vi) A, by ono codicil to his will, bequeaths to B 5,000 rupees and by another codicil bequeaths to him 6,000 rupees. B is entitled to receive 11,000


ono codicil to his will, bequeaths to B 5,000 rupees and by another codicil bequeaths to him 6,000 rupees. B is entitled to receive 11,000 rupees. (vit) A, by his will, bequeaths '' 500 rupees to B because sha was my nurse,” and in another part of the will bequeaths 500 rupees to B “ because she went to England with my children,” B is entitled to receive 1,000 rupees. (viii) A, by his will, bequeaths to B tho sum of 5,000 rupees and also, in another part of the will, an annuity of 4Q0 rupees, B is entitled to both legacies, (iz) A, by his will, bequeaths to B the sum of 5,000 rupees and also bequeaths to him the sum of 5,000 rupees if he shall attain the age of 18. B is entitled absolutely to one sum of 5,000 rupees, and takesa contingent interest in another sum of 5,000 rupces. 102. A residuary Jegatee may be constituted by _ any words that show an ; Comlitstion of residuary intention on the part of “ee the testator that the per- gon designated shall take the surplus or residue of his property. (f) A, having Bank of India, ina Mlustrations, (‘) A makes her will, consisting of several testamentary papers, in one of which are contained the following words :— “TY think there will bo something left, after all funeral ox- penses, ete, to give to B, now at school, towards cyuipping him to any profession he may hereafter


bo something left, after all funeral ox- penses, ete, to give to B, now at school, towards cyuipping him to any profession he may hereafter be appointed to i B is constituted residuary legatce, ° (if) A makes his will, with the following passago at the end of it :—" I beliove there will be found suflicient in my banker's | hands to defray and discharge my debts, which I h si B to do, and keep the residue for her own uso ud eee B is constituted the residuary legatee, , (i!) A bequeaths all his Property to B, excent i and funds, which he bequeaths toC. B is tho realduary tere 103. Under a residuary bequest, the lezatee ig Property to which regi. entitled ee Property duary legutee entittee belonging to the testator at the time of his d of which he has not made any other iestatien te : disposition which is capable of taking effect ’ Ilustration, A by his will be itaj é ' beque itha eeitajy facget t . F hina under section 118, and wioth sr lapest i “1 au ae : Alien sick or equcath the re-idug of his property to B ate of his will A - ad hey . belongs to him at the tim: a lied By miadari, which two legacies and the zanindari a; pani A susie to the 2 revidus, (Pane yy —— 104. If a legacy is given in genera) tery . _ Without specify; imo


a; pani A susie to the 2 revidus, (Pane yy —— 104. If a legacy is given in genera) tery . _ Without specify; imo of ar sting time when it is ae the legacy im genc ‘the legatee hasa Ves Pu terest in it from the day of the death of 4, lec tator, and, if he dies without having received it shall pass to his representatives, K, 105. (1) If the legatee does not gy; (2) testator, the legacy exatt take effect, but shall la : and form part of the — due of the testator’s property, unless it appears bp the will that the testator intended that it shoul) m4 to some other person. In what caso legacy lapses. (2) In order to entitle the representatives of the legatee to receive the legacy, it must be Proved that he survived the testator. Illustrations, (i) The testator bequeaths to B * 500 Tupecs whict me”. Bdies boforo the testator; the logacy lapses Bess (iv) A bequestis mado to A and his children, 4 dips before the testator, orhappens to be dead when tho will is made Tho legacy to A and his children lapses. (iii) A legacy isgiven to A, and, in case of his dying beforo tho testator, to B, A dics before tho testator, Th legacy goes to B, (it) A sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetimo of the testator; B survives


sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetimo of the testator; B survives tho testator. The bequest to B takes effect, (v) Asum of monoy is bequeathed to A on his completing his eighteonth year, and in caso he should die before he completes his eighteenth year, to B. A completes his eighteenth year, and dicsin the lifetime of the testator, The legacy to A loyses and tho bequest to B does not take effect. (vi) The testator and the legatec perished in the same ship. wreck, There is no evidence to show which died first, Th legacy lapses, 106. If a legacy is given to two persons jointly, _ Legacy does not Iapse 80d one of them dies : ane” Aa joint before the testator, the * ettete, TP before ther legatee takes the whole. fllustration, The legacy issimply to Aand B, A dics before the testator B takes tho legacy, 107. If a legacy is given to legatees in words Effect of words which show that the showing to teitater's testator intended to Fe tinctchte” Si¥e dis- them distinct shares of it tinct shares. then, if any legatee dies before the testator, so much of the legacy as w% Intended for him shall fall into the residue of the teatator’s property. 4 Filustration. _Asuin of money is be thed t C, to be equally divided among hein. Wace mee nee B andl will only take so


4 Filustration. _Asuin of money is be thed t C, to be equally divided among hein. Wace mee nee B andl will only take so mucl Tit A had sot Vived the testator. Vas they would have had i 108. Where a share which lapses is 8 part ol When lapsed shar the general residue ” Bo-sas undisposed of, queathed by the wil & . that share shall g? undisposed of, The tes Mlustration. P 7 e © teatat an : 4 (ts be eguall tecaths the residue of his estate yas re th? Vided between them. A dies tes itor. His one-third of the residue goes as undiapo pat IVI THE GAZETTE OF INDIA, OCTOBER 10, 1925, 89 ee aed has been made to any 409. Where ® Thild or other lineal descendant of the testa- tor, and the legatee dies inthe lifetime of the testa- tor, but any lineal des- his survives the testator, the bequest 5 lapse, but shall take effect as if the all ~ the legatee had happened immediately dt death of the testator, unless a contrary et Illustration, 1 -, will, by which he bequeaths a sum of moncy to A makes bis cwvabsolute uso and benefit. B dies before isson, B, a s0n, C, who survives A, and having made his will ee o bequeaths all his property to his widow, D. ‘The ¥ poney goes to D. 110. Where a bequest is made to one person for the benefit of another, the


to his widow, D. ‘The ¥ poney goes to D. 110. Where a bequest is made to one person for the benefit of another, the legacy does not lapse by the death, in the testator’s lifetime, of the person to whom the bequest is made. est to A for ne of B doca not Ispse by A's death. 111. Where a bequest is made simply to a described class of per- sons, the thing bequeath- ed shall go only to such as are alive at the Survivorship in caso of bequest to described class. testator’s death. Exception.—If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have lied since the death of the testator. Illustrations, (i) A bequeaths 1,000 rupees to “ the children of B" with- saying when it is to bo distributed among them. B had C oe to the date of the will, leaving three children, dathetE: Edied after the date of the will, but before the ae A. Cand Dsurvive A. The legacy will belong to C to the exclusion of the representatives of E. out his (ii) A lease for years of a house


A. The legacy will belong to C to the exclusion of the representatives of E. out his (ii) A lease for years of a house was bequeathed to A for death et the after his decease to the children of B. At the he of the testator, B had two children living, C and D, and of rey had any other child. Afterwards, during the lifetimo dE ied, leaving E, his executor, D hag survived A. D - are jointly entitled to so much of the lease-hold term as Pains Utexpired, ata) Asum of monoy was bequeathed to A for her life, and *r decease, to the children of B, At the death of the eTent ty B had two children living, C and D, and, alter that the io Children, E and F, were bornto B. Cand Ediedin ill, i Of A, C having made a will, E having mad no it to ins died, leaving D and F surviving her. ‘The legacy Bid to jaoued into four equal parts, one of which is to be CE ang aie of C, one to D, one to the administrator 1 they beaveaths one-third of his lands to B for hislife, and testator yecease to the risters of B. At the death of the eat alo 1 two sisters living, C and D, and after that et sister Ewas born, Cdied during thelife of B, D and E have survived B, One-third . One-third of A’s lands belong D, E and


et sister Ewas born, Cdied during thelife of B, D and E have survived B, One-third . One-third of A’s lands belong D, E and tho representatives of C, in equal sates: siong to (v) A bequeaths 1,000 rupees to B for li i fo : eath equally among the children of C, Up cus aeheoe B, ‘ i 5 es not had any child, The kequest after the death of (v!) A bequeaths 1,000 rupees to“ all the children b to be born” of B to be divided among them at the death of C. At the death of the testator, B has two children living, DandE. After the death of the testator, but in the lifetime of C, two other children, F and G, are born to B. After the death of C, another child is born to B. The legacy belongs to D, ©, F and G, Lo the exclusion of the after-born child of B. (vtt) A bequeaths a fund to the children of B, to bo divided aniong them when the eldest shall attain majority. At the testator'’s death, B had one child living, named G. Hanfter- wards had two other children, named D and E. E died, but C and D were living when C attained majority. The fund belongs to C, D and the representatives of E, to the exclu- sion of any child who may be born to B after C’s attaining Majority, . CHAPTER VII. Or voip BrEquests. 112. Where a


the exclu- sion of any child who may be born to B after C’s attaining Majority, . CHAPTER VII. Or voip BrEquests. 112. Where a bequest is made to a person by Reque oo. veron ty © particular description, particular description, who and there is no person in is not in existenco ot existence at the testator’s testator’s death, d Fe eath who answers the description, the bequest is void. Exception—If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise ; and if a person answering the Cescription is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he is dead, to his representatives. Illustrations. (’) A bequeaths 1,000 rupees to the eldest son of B. At tho death of the testator, B has no son. The bequest is void. (i) A bequeaths 1,000 rupees to B fog life, and after his death to the eldest son of C. At the death of the testator, Chad noson. Aftorwards, during the life of B, a son ia born to C. Upon B’s death the legacy goes to C's son. (iii) A bequeaths 1,000 rupees to B for life, and after his death to the


C. Upon B’s death the legacy goes to C's son. (iii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest sonof C. At the death of the testator, C hadnoson, Afterwards, during the life of B, a son, named D, is born to C. D dies, then B dies. Thelegacy goes to the representative of D. . (iv) A bequeaths his estate of Green <Acro to B for life, and at his decease, to the eldest son of C. Up to the death of B, Chas had no son. The bequest to C’s eldest son is void. ? bequeaths 1,000 rupecs to the eldest son of C, to be sacri himafter the death of B. At the death of the testator C bas no sun, buta son is afterwards born to him during the life of B and isaliveat B's death. C's son is entitled to the 1,000 rupeca. 113. Where a bequest is made to a person not in existence at the time of the testator's death, sub- death, sabject to prior ject to a prior bequest bequest, contained in the will, the later bequest shall he void. unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. Tilustration. 1 ‘s bequeathed to A for his life, and after his death to hia eldest son for life and after the death of the latter to his chlest son. aAt the tine of the testator’s death. Ahasno son.


hia eldest son for life and after the death of the latter to his chlest son. aAt the tine of the testator’s death. Ahasno son. Here the bequest to V's eldest son is ahedasst to a person not in existence at the testator’s a not a bequest of the whole interest that remsins | to ; sates . tor. The bequest to A’s eldest gon for his life is voic Bequest to person not in existence at testutors ui) Property 90 THE GAZETTE OF INDIA, OCTOBER 10, 1925. [ Pany ly nr [= A for his life, and after his (ii) A fund is boqueathed ae tho testator. A has : death to his daughters. ial istence at tho teata- . were not In oxisien : cea ret te A's daughters comprises ee der ideatin P to tho testator in tho thing bo- ; interest that romains ? | atethel. Tbe bequest to A’s daughters ia valid. (iit) A fund is bequeathed me ale erat RCE death to his daughters, with a ete Sieh a ral marries under he age of eighties nt rer may be divisible it belong to berself fo aed ‘hor children after hor death. A hag no daughters i : but has diughters ivi tho time of tho testator’s death, aas Ud) borat lepeards who aapeiee pes eegie ake settlement has the cfiect in the case o > i i ting for the absolute be ee oa Setestts Fe rin far hit lifo ; that is


the cfiect in the case o > i i ting for the absolute be ee oa Setestts Fe rin far hit lifo ; that is to say, Be cdcat te a Baan not in existence at the time of the tostator'a death of something which is less than the whole interest that remains to tho testator in the thing bequeathed. Tho direction to aettlo tho fund is void. ; ; (iv) A bequeaths a sum of monoy to B for life, and directs that upon the death of B tho fund shall be settled upon his daughters, so that the portion of each daughter may bolong to herself for life, and muy be divided among her childeen after her death. B has no daughter living at tho time of the testa- tor’'s death. In this case the only bequest to tho daughters of B ia contained in the direction to settle the fund, and this direction amounts fo a Lequest to persons not yot born, of a life-interest in the fund, that is to say, of something which is less than the whole interest that remains to the testator in the thing bequeathed. The direction to sottlo the fund upon the daughters of B is void, ' 114. No bequest is valid whereby the vesting q ‘ g of the thing bequeathed may be delayed beyond the lifetime of one or more persons living at the testator’s death and the minority of some person who shall bein existence at the


beyond the lifetime of one or more persons living at the testator’s death and the minority of some person who shall bein existence at the expiration of that period, and to whom, if he attains full age, the thing bequeathed is to belong. Rule against perpetuity. e Illustrations. (i) A fund is bequeathed to A for his life and after hi death to B for his life; and after B's death to such of ae sons of Bas shall fit attain the sgeof 26, A and Baurvive the testator. Here tho son of B who ahall first attain the age of 25 muy be a son born after the death of tho teutator - such son may not attain 25 until mora than 18 years haye clapsed from the death of the longor liver of A and B: and the vesting of the fund may thus be delayed beyond tho lifetimo of A and B and the minority of the sons of B The bequest after B'sdeath is yoid, , (ii) A fund is bequeathed to A for his life, a i death to B for his life, and after B's death to epi ibe a8 shall first attain the age of 26. Bdies in the lifetim of the testator, leaving one or more sons, In this caso tho ee of B are persons living at tho timo of the testator’s deee = and tho time when cither of them Will attain 26 noe tile falls within his own lifetime,


at tho timo of the testator’s deee = and tho time when cither of them Will attain 26 noe tile falls within his own lifetime, Tho bequest is valid, oveasare’y (it) A fund is bequeathed to A for his li i death to B for his life. with a direction thet sia wa a it shall be divided amongst such of B’s children as shal] ital tne pee of 18, but that, if no child of B shal cue eee attain the fund shall go to C. einen nt age, fund must arrive at tho latest at the expiration 3 ] from the death of B, ivi All the bequests are ee id living at the testator’s tleceage, (v) A fund ig bequeathed to t r : Tust the testator 8 daughtors, with a direction the te ae re marry under age, her share of tho fund shall be Wien to devolyu after her death Upon such of } hil attain the uu of 18, Any da Bie the daughte . F valid. ghters whose sharo it waa, All these Provisions are 115. If a bequest is made to & class of per- Bequest to a class sume 8008 with Tegard to sume ae mh ‘ome under Of whom it is Inoper. ti Ta) fevtions 113 and by reason of the provivions of secti ‘ : 114, euch bequest shall be wholly void. Me seein ae ‘) A fund {s bequeathoi to A for lifo, ang to ah his children


: 114, euch bequest shall be wholly void. Me seein ae ‘) A fund {s bequeathoi to A for lifo, ang to ah his children vine shall attain tho ago of Dt his dey tho testator, and has somo childron livin at tho ; doath. Each child of A’sliving at tho testator’s q tes attain tho ago of 26 (if at all) within the limits allow bequest. But A may havo childron aftoy thio ed for, decoaso, some of whom may not attain tho Ag0 of 25 ya tor'y than 18 years iinvo elapsed after tho deceasy of Ntil mor, bequest to .\’s childron, thoroforo, is inoperative as ohild born after the testator’s death ; and, as it is given his children ns a claas it is not-good as to any division cr all class, but is wholly void. OF thas ‘t) A fund is bequeathed to A for hig life, die to B, (, D and all other children of A who shee hiy tho aro of 25. B,C, D aro childron of A living at th Attain tora decease. In all other respects tho caso is tho 0, that supposed in Iusiration (i). ‘Tho mention (e°q9@ a D by name does not prevent tho bequest from boing nals and asa bequest toa class, and the bequest is wholly yoj Banted Illustrations, 116. Where a bequest is void by TeA8ON of ap of the provisions Of section Bequest to take effect on 1] 3, section 114, OF See. failure


a bequest is void by TeA8ON of ap of the provisions Of section Bequest to take effect on 1] 3, section 114, OF See. failure of bequest void tion 115, any bequest ¢ under wection 113, 114 or tained in the ‘dine Mn- 118. ; ; and intended to take effect after or upon failure of such Prior bequest is also void. Alustrat — (i) A fund is bequeathed to A for his lifo, and i death to such of his sons as shall first attain tho are for his life, and aftor the decease of such son toB, A andB survivo tho testator. Tho bequest to B is intended to take oe. atte tno aoe to such of tho sons of A ng Shall first a-tain tho age of 26, which bequest is void und i Tho bequest to B is void. ' nna (11) A fund is bequeathed to A for his life, and aftor his to such of his sons og shall first attain tho ago of 25, and, it Hy son of Ashall attain that age, to B. A and B survivo tho tes. tator. ‘Tho bequest to Bisintended to takeoffect upon failure of tho bequest to such of A's sons na shall first attain tho ageol Tie bequest is yoid under section 114. The bequest to 117. A direction to accumulate the income “er Secgs arising from any property wai for hall be void ; and the pro- . perty shall be disposed of as


accumulate the income “er Secgs arising from any property wai for hall be void ; and the pro- . perty shall be disposed of as if no accumulation had been directed. Exception—Where the property is immoveable, or where accumulation is directed to be made from the death of the testator, the direction shall be valid in Tespect only of the income arisiDg from the Property within one year next following the testator’s death : and at the end of the yeat such Property and income shall be disposed of Tespectively, as if the period during which the accumulation has been directed to be made had elapsed. Illustrations, (i) The will directs that =e d the sum of 10,000 rupces shall b: ae wD ovement ecuritics, and tho cane accuDl Te years, and that tho Principal, together with th and C ane angen ten be divided botween A, B and aul ed to recej tho end of a year from tho testaloegatene “a ("\) Tho will directs t] : ed : hat 10,00 be invested Fates ad to hie mlated until A shall ‘marry, aud s m. <A is entit] i * ase ofa year from tho erred aegie = ont ee bn Willdirects that the rents of the farm of Sultanp*? shall bo Hears for ten years, and that the accumulatio® testator, A N paid ta the eldest son of A At thedesth of tho at tho end ra an eldest con living, named B. B will receiv’ have necrued


ta the eldest son of A At thedesth of tho at tho end ra an eldest con living, named B. B will receiv’ have necrued diy year from the testator’ death, the rents whieh may h anog the year, together with suv interest whieh ave bee ma fo by investing tiem. y yo] THE GAZETTE OF INDIA, OCTOBER 10, 1925. 91 Pe tho farm of Sultanpur “1 dirocts will diroe ten years, and that tho accumu. y (im eecumula ‘aio tho oldest son of A, At tho death jal pall then Gena son. Tho bequost is void. _ bio tstators , sum of monoy to B, to bo paid t2 him / ; begun thoago of 18, and directs tho interest to bo f ri od 708 ( sabes a bo abel tio ema of Uv intenat wee act 03 vi intonanceand education is accumulated, bat ined forhit the direction contained in tho will, but in "1 by att B's minority. oe n having a nephew or niece or any 118. No me nearer relative shall bave to religious or power to bequeath any ‘plo Use pope to aoe or t by a will executed not lese aritable Sethe “before his death, and a within six months from its execution in depos! Jace provided by law for the safe custody we vill of living persons. IUustrations. Absving a nophow makos a boquost by a will not executed wid deposited a8 required— for the relief of poor people ; for the


IUustrations. Absving a nophow makos a boquost by a will not executed wid deposited a8 required— for the relief of poor people ; for the maintonanco of sick soldiers ; \ for the erection or support of a hospital ; furtho education and preferment of orphans ; for tho support of scholars ; for tho erection or support of a school ; for tho building and repairs of a bridgo ; for the making of roads ; for tho erection or support of a church ; for tho repairs of a church ; for tho benefit of ministors of religion; for the formation or support of a public garden ; Allthese bequests ore void. urital — CHAPTER VIII. Or THE VESTING or LeGaciEs. 119, Where by the terms of a bequest the pu eating of legacy ica is not entitled to Entestromed CF Posses- Immediate possession of htt one the thing bequeathed, a i Tecelve it afi the proper time shall, unless a sawn rape appeara by the will, become all bo é legatee on the testator’s death, and before 7 0 the legatee’s representatives if he dies a * that time and without having received the ae and in such cases the legacy is from the Ts death said to be vested in interest. E : , tplanation,—.Ay intention that a legucy to an tin oe a not become vested in interest in There © inferred merely from a provision bea Payment or possession of the thing terest therein


tin oe a not become vested in interest in There © inferred merely from a provision bea Payment or possession of the thing terest therein sf ostPoned, or whereby a prior in- T herp}, te bequeathed to some other ferson, Weathe, Hl in come arising from the fund be- tine of pa “ected to be accumulated until the tay oe arrives, or from a provision that, T event shall happen, the legacy shall ‘nother person, tha be TRustrations, B 100 rupees, to bo paid to him at the tay DR, a A’s desth the legacy eames vested in ies before (, his represantutives are tas np iteaths ¢ . Teg ing © B 10¢ rupees, to be paid te him upon “tig ictees i of 18. On A’s death the Iezncy becomea t (iff) Afund is boqueathed to A for life, and after his death © B. On tho testator’s death t in interest in B. # death the legacy to B becomes vested (iv) A fund is bequeathed to A until B attains the ago of 18 and then to B. The lo to Bi ted ini testator's death. Boy is vested in interest from tho (v) A hequeaths tho wholo of his property to B upon trust to pay c2rtain dolits out of tho income, and then to make over the fund to G, At A’s death the gift to C becomes vested in interest in him, {vr) A fund is bequeathed to A, BandC in equal shares


G, At A’s death the gift to C becomes vested in interest in him, {vr) A fund is bequeathed to A, BandC in equal shares to be paid to them on their attaining tho ago of 18, respectively, with a proviso that, if all of them dio undor tho ago of 18, tho legacy shall dovolyo uponD, On the death of the testator, the shares Yosted in interest in A, B and C, subject to bo divested in case A, B and C shall all dio under 18, and, upon the death of any of them (oxcopt tho last survivor) undor tho age of 18, his vested interest passes, 80 subject, to his representatives, 120. (1) A legacy bequeathed in case a specified Date of yesting when UNCertain event shall hap- legacy contingent upon pen does not vest until specilied uncertain event. that event happens, (2) A legacy bequeathed in case a specified un- certain event shall not happen does not vest until the happening of that event becomes impossible. (3) In either case, until the condition has been fulfilled, the interest of the legatee is called con- tingent. Exceplion.—Where a fund is bequeathed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his benefit, the bequeat of the fund is not contingent.


the income, or so much of it as may be necessary, to be applied for his benefit, the bequeat of the fund is not contingent. i] Illustrations. (i) A legacy is bequeathed to D in case A, Band © shall all dio undor the age of 18. D has a contingent interest in the legacy until A, B and Call dio undor 18, or oncof them attains that age. (ii) A sum of monoy is bequeathed to A “in care ho shall attain {ho ago of 18," or “ whon he shall attain the ago of 18. " A's intureat in the legacy is contingent until tho condition is fulfilled by his attaining that age. ih) An oatate is bequoathed to A for life, and after his death a t 33 shall then be living ; but if B shall not be then living to C. A, Band C survivo the testator. Band C each take a contingent interest in the estate until tho event which is to vest itin onc or in the other has happened. iv) An estate is bequeathed asin tho caso last supposed. B den the lifetimo of A and C. Upon tho death of B, Crnequires a vested right to obtain possession of the estate upon A’s donth, ' A legacy is bequeathed to A when sho shall attain tho meal 18, oF shail Saag under that ago with the consent of B, with o proviso that, if sho neither attains 18 nor marries under


meal 18, oF shail Saag under that ago with the consent of B, with o proviso that, if sho neither attains 18 nor marries under that ago with B's consent, tho logacy shall go to C. A and Ceach tako a contingent interest in tho legacy. A attains tho age of 18. A becomes absolutely entitled to the legacy although sho may have married under 18 without the consent of B. i stato is ueathed to A until ho shall marry and eine Sent to ae intorest in the bequest is contingent until the condition is fulfilled by A’s marrying. ii tate is bequeathed to A until he shall take advan. i neem ra tho relicf of insolvent debtors, and after that evontto B. B’sinterest in the bequest is contingent until ‘A takes advantage of such a law. ae tate is boqueathed to A if ho shall pay 500 rupees tof. i inlercst in tho bequest is contingent until he has paid 500 rupees to B. schutd to B it D shalt . ves his farm of Sultanpur Khurd to if B s (ie) oe fee of Sultunpur Buzurg to C. B’s interest Ske bequeat is contingent until he has conveyed the latter farm to Cc. THE GAZETTE OF INDIA, OCTOBER 10, 1925. [ Parr yy —_—— i t marry C within hed to Ail B shall not mal val terest in tho logaoy , tator’s death. — A’sin oy i contin a eal he condition 13 fulfilled oh the


B shall not mal val terest in tho logaoy , tator’s death. — A’sin oy i contin a eal he condition 13 fulfilled oh the expire “tian of the five y ‘thout B's having married C, or by riod of an event which makes tho (z) A fund is bequeat i i dto A if B shall not make any pro- ciion efeie be the legacy is contingent until B's death, : 7 sein ii 00 rupees a year upon his attaining a A bequests feota that ‘tho interest, or 4 sonipetentt See benial shall be applied for his benefit until he reaches that age. ‘Tho legacy is vested, Y ttain the 7) aths to B 500 rupees when hie shall a 7 Dra directs that a certain sum, out of another prin shiall be applied for his maintenance until ho arrives at that epacy’ i tingent. age. The legacy is con 121, Where o bequest is made only to such members of a class as shall Vesting of interest in have attained a particular bequest to such aera age, a person who has not are ‘ Ortcined articulate ma attained that age cannot have a vested interest in the legacy. Illustration. A fund is bequeathed to such of tho children of A as shall attain the ago of 18, with a direction that, while any child of A shall be under the age of 18, the income of the sharo, to which it may be presumed he will be


any child of A shall be under the age of 18, the income of the sharo, to which it may be presumed he will be event ually entitled, shall be applied for his maintenance and education, No child of A who is under the age of 18 hns a vested interest in the bequest. CHAPTER IX. ’ Or Onerovus Bequests, . 122, Where a bequest imposes an obligation on the legatce, he can take nothing by it unless he accepts it fully. Illustration, Oncrous bequests. A, having shares in (X), a prosperous joint stock company and also shares in (Y), a joint stock company in difficulties, in © respect of whicl? shares heavy calls are expected to bo made, bequeaths to B all his shares in joint stock companies; B refuecs to accept tho shares in (Y). He forfeits the shares in (X). 128, Where a will contains two separate and independent bequests to One of two separate the same Person, the and independent =be- 7, . : quests to saine person ma legatee is at liberty to bo accepted, and other &ccept one of them and refused, refuse the other, although the former may be bene- ficial and the latter onerous, Illustration, A, having a lease for a term of years of a house at waich he and his representatives aro bound to pay dludiie'the term, and which is higher than the house can be let for bequeaths to B the lease and a sum of money, B refuses


dludiie'the term, and which is higher than the house can be let for bequeaths to B the lease and a sum of money, B refuses to accept the lease. He will not by this refusal forfeit. the honey. CHAPTER X, Or ContTINGENT Bequests. 124. Where a legacy is given if 2 specified un- certain events Bequest contingent upon aud no time j ball happen specified uncertain event, yg) mcationed ho time being mentioned 1 the will for the occur- for its occurrence, rence of that event, the legacy cann ot take effect untess such event happens before the period when the fund bequeathed is payable or distributable, —— ee Illustrations, ') Alegacy is bequeathed to A, and, in cage of his rh Me aA Farvives the testator, the legacy to B doeg neat effect. : tak, ii) A legacy is bequeathed to A, and, in caso of hi watheu children, to B. if A survives the testator onde his lifetime leaving a child, the legacy to B dopg oi i offect. ti) A legacy is bequeathed to A when andif ho atte: ons al 18, and, in case of his death, to B. A’ attaing Gat of 18. Tho legacy to B docs not take effect, age iv) A legacy is bequeathed to A for life, and, after}; tole aaa a case af B's death without children," ion death words “in case of B’s death without children ” an ‘to i understood as meaning in case B dies without children


without children," ion death words “in case of B’s death without children ” an ‘to i understood as meaning in case B dies without children dur the lifetime of A. ’ Unng v) A legacy is bequeathed to A for life, and, after hi to. and in caso of B's death,” toC. Tho words ‘ian of B's death” aro to be considered as meaning “ jp cas f dies in the lifetime of A.” 125. Whereas bequest is made to such of Certain Bequest to such of DEESONE a8 shall be Burviy. certain persons aos shall Mg at some period, but be surviving at some period the exact period is not not specified. specified, the legacy shall go to such of them as are alive at the time of pay. ment or distribution, unless a contrary intention appears by the will. Illustrations, (‘) Property is bequeathed to A and B to be equally divided between them, or to the survivor of them. If both A and} survive the testator, the legacy is equally divided betwen them. If A dics before the testator, and B survives tho teste tor, it goes to B, (i?) Property is bequeathed to A for life, and, after his death, to B and C, to be equally divided between them, or to the survivor of them. B dies during the life of A; C survives A, At A’s death tho legacy goes to C. (11) Property is bequeathed to A for life, and after hi death


of A; C survives A, At A’s death tho legacy goes to C. (11) Property is bequeathed to A for life, and after hi death to B and C, or the survivor, with a direction that, if B should not survive the testator, his children are to stand in his place. C dies during tho life of the testator ; B survives the testator, but dics in the lifetime of A. The legacy goes to th: representative of B (‘v) Property is bequeathed to A for life, and, after bis death, to B and C, with a direction that, in caso cither cf them dies in the lifetime of A, the whole shall go to the eur vivor. B dics in tho lifetime of A. Afterwards C dies the lifetime of A. Tho legaoy gocs to tho representative of CHAPTER XI. Or Connrtionan BEQUESTS. | 128. A bequest upon an impossible condition b Bequest upon impos i sible don ation? pos: void, Illustrations () An estate is bequeathed to A on condition that ho shel Walk 100 miles in an hour, The bequest is void. wl s ii iti : the will The bequest is void. 127. A bequest upona condition, the fulfil a of which would be @ | trary to law or to me ty, is void. Pe:juest upon jl] ; e Immoral cundition, Eel or Illustrations. ueaths 500 rupees to B on condition that The bequest is void. (3) A bequeaths #000 is niece if he will


cundition, Eel or Illustrations. ueaths 500 rupees to B on condition that The bequest is void. (3) A bequeaths #000 is niece if he will ¢ her kusband. ‘The bequestiis vod. misses (i) A be ‘pe el murder C arp ctit of “ Y lent to vt a THE GAZEATE OF INDIA, OCTOLER 10, 1995 93 gap the thing bequeathed, wast lS ll be considered to have been ce ation sha ihe et i has been substantially complied with. jillod Illustrations. ; bequeathed to A on condition that hoe shall aa kgiey von sont of B,C, Dand E. A marrics with tho witht tof B, Cis present at the marriage, D sends a ren camer us tothe marriage. 1 has been personally a0 peel hig intentions, and has made no objection. cs edad the condition. 4 vey is bequeathed to A on condition that he shall ipa ken consent of B, Cand D. Ddies. A marrics with : dC. A has fulfilled the condition, teorneat of Ban 4s wy 4 Jogacy i8 bequeathed to A on condition that ho shall ii) Al fe the consent of B, C and D, A marries in tho cst i B, Cand D, with.the consent of B and C only. as ot fulfilled the condition. jin Alogacy is bequeathed to A on condition that he shall ewith the consent of B, C and D. A obtains the uncondi- oi went of B, Cand D to his marriage with E. After. or y, C and


of B, C and D. A obtains the uncondi- oi went of B, Cand D to his marriage with E. After. or y, C and D capriciously retract their consent. A mits E A has fulfilled the condition. (r) Alegacy is bequeathed to A on condition that he shall with the consent of B, Cand D. A marries without tho iseat of B, C and D, but obtains their consent after tho cumiage, A has not fulfilled the condition. (ri) Amakes his will whereby he bequeaths a sum of money Bil B shall marry with tho consent of A’s exccutors, B pura during the lifetime of A, and A afterwards expresses Yeapprobation of the marriage. A dics. Tho bequest to B tleseffect. (i) A legacy is bequeathed to A if he executes a certain deement within a time specified in the will. The document acueuted by A within a reasonable time, but not within the tres! ¢cified in the will, A has not performed the condition, dis not entitled to receive the legacy. 129, Where there isa bequest to one person Bequest to A and on 0d a bequest of the same on of prior bequest thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure if the prior bequest although the failure may tot have occurred in the manner contemplated by the testator. aks Sita @ btgue te, peeduest vig? and A ty, the it imy, Illustrations, fi) A be 5


in the manner contemplated by the testator. aks Sita @ btgue te, peeduest vig? and A ty, the it imy, Illustrations, fi) A be 5 ran evi hie eae sum of m = ring oncy to his own children ha having ever if they all dic under 18, to B, A dies had a child. The bequest to B takes all A bequeaths a a eteeute en sum of money to’ B, on condition that he th, and n document within three months after A’s tory tiene should neglect to do so, to C, B dics in tho *. The bequest to C takes effect. 180, Whe heave fre the will shows an intention that cits take bequest. the second bequest shall “ffing St On take effect only in the “ing in a maces event of the first bequest dul Not Particular manner, the second bequest that pa © effect, unless the prior bequest fails ticular manner. Illustration. “queath to his wife, but.in case she shanld die in hy cies to B that which he had bequeathed to iv Perish together, under circumstance» B oe to prove that she died before him, Cs not tale effect. vty to se —— = = 131. (1) A bequest may be made to any per- Bequest over, condi. 508 With the condition sane upon happening or superadded that, in case a aad eee specified specified uncertain event shall happen, the thing bequeathed shall go to another person, or that mM Case a specified


in case a aad eee specified specified uncertain event shall happen, the thing bequeathed shall go to another person, or that mM Case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person, pst wv _ _ __ an o,8 an ve a Will imposes a condition to be yg. Wher? " fulfilled before the legatee as can take a vested interest (2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 199, 123, 124, 125, 126, 127, 129 anid 130, * Iilustrations. (1) Asum of moncy is bequeathed to A, to be paid to him at tho age of 18, and if he shall die before he attains thafage, to B. A takes a vested interest in the legacy, subject to bo divested and to go to B in care A dies under 18. (‘.) An estate is bequeathed to.A with a proviso that if A shall dispute the competency of the testator to make a will, the estate shal] go to B. A disputes the competency of the tes- tator to make a will. The estate gocs to B. ‘ («) A sum of money is bequeathed to A for life, and, after his death, to B; but if B ehall then be dead, leaving o son, such son is to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies leaving a son


to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies leaving a son in .A’s lifetime. (iv) A sum of money is bequeathed to A and B, and if either should die during the life of C then to the survivor living at the death of C. Aand BdiebeforeC. The gift over cannot take effect, but the representative of A takes one-half of the money, and the representative of 3 takes the other half. (v) A bequeaths to B the interest of o fund for life, and directs the fund to be divided at her death equally among her threo children, or such of them as shall be living at her death. All the children of B dic in B's lifetime. The bequest over - cannot take effect, but the interests of the children pass to their representatives. 132. An ulterior bequest of the kind contem- plated by section 131 can- not take effect, unless the condition is strictly ful- filled. Condition must be strict- ly fulfilled. [Mestrations. “A legacy is bequeathed to A, witha proviso that, if he mnie Nithout the consent of L, C and D, tho legacy shall gotoE. D dics. Evenif A marrics without the consent of E and C, the gift to F docs not take effect. ; eracy is bequeathed to A, with a proviso that, ifhe Bk Tithe ‘ig consent of B, the legacy shall go to C, A marries with


eracy is bequeathed to A, with a proviso that, ifhe Bk Tithe ‘ig consent of B, the legacy shall go to C, A marries with the consent of B. He afterwards becomes o widower and marries again without the consent of B. The bequest to C does not take effect. a. 7 is bequeathed to A, to bo paid at 18, or meshes, BHA cele that, if A dies under 18 or marries without the consent of B, the legacy shall gotoC. A mares under 18, without the consent of B. The bequest to C takes effect. 133. If the ulterior bequest be not valid, the bequest not original bequest Is not Original : . fe invalidity of affected by it. affected by second, Tttuctr. tions. te ig heqneathed to A for his life with condition that if he shall not on a given day walk 100 the estate shall go to B. The condition tains his estate as if no condition had been (i) An est superadded thet, miles in an hour, being void, Are inserted in the will. “ tate is bequeathed to A Bae nein her husband, to h. A duiins her life a5 if no condition will (iii) An estate is bequeathed for her life and, if she do is entitled to the estate had been inserted in the to A for life, and, if he marries, [dest s fBlorlife, DL atthe date of the testater’> ead at jad aston, The oe st over is i


for life, and, if he marries, [dest s fBlorlife, DL atthe date of the testater’> ead at jad aston, The oe st over is i uaor ae = iz entitled t+ tLe estute ¢ uri fas tue. section 105, und A is entitlc Wp THE GAZETTE OF INDIA, OCTOBER 10, 1925. U Pare yp = ay be made with the con- 184 4 Dequest nition superadded that it Bequest. conditioned — ghall cease to have effect in that it shall ceare to case @ specified uncertain fleet in cast a i asad Muneertain event shall happen, or in event shall happen, or case a specified uncertain not happen. event shall not happen. Hlustrationa, An estate is bequeathed to A for his life, with a proviso rey a — he vhall cut down a certain wood, the bequest shall cease to have any effect. A cuts down the wood. He loses his life-interest in the estate. (ii) An estate is bequeathed to A, provided that, if he marrios under tho age of 20 without tho consent of the executors named in the will, the catate shall cease to belong to him. A marries under 25 without the consent of the executors. Tho estate ceases to belong to him, (iii) An catate is bequeathed to A, provided that, if he shall not go to England within threo years after the testator's death, his interest in the estate shall cease. A docs not go to England within the time prescribed. His interest in


years after the testator's death, his interest in the estate shall cease. A docs not go to England within the time prescribed. His interest in tho estate cCases. » (iv) An estate is bequeathed to A, with a proviso that if sho becomes a nun, she shall cease to have any interest in the estate. A becomes a nun, She loses her interest under the will. : (r) A fund is bequeathed to A for life, and, after his death, to B, if B shall bo then living, with a proviso that, if B shall become a nun, the bequest to hershall cease to haye any effcct- B becomes a nun in the life-time of A. She thereby Joses her contingent interest in the fund. 185. In order that a condition that a bequest Such condition must Shall cease to have effect not be invalid under may be valid, it is necessary eeotion:120. that the event to which it relates be one which could legally constitute the a of a bequest as contemplated by section 0. 136. Where a bequest is made with a condi- Result of legatee tion superadded that, unless rendering impossible or the legatee shall perform a indefinitely postponin : : act for which ne time Certain act, the subject- specified, and on non. Matter of the bequest shall performance of which go to another person, or the pee atten (0 Eo ines shall cease to have eflect but no time is speci: fied for the performance


go to another person, or the pee atten (0 Eo ines shall cease to have eflect but no time is speci: fied for the performance of the act; if the ieretés takes any step which renders impossible or inde- finitely postpones the performance of the act required, the legacy shall g0 as if the legatee had died without Performing such act, —~ TMustrations, (1) A bequest is mado tu A, witl i i With o ? rae the Amy, the legacy shall on aveier in vier i oly Orders, and thereby rende I Uisshoua | ne ns it impossi fulfil the condition, ZB is entitled to Seon ihe eee (i) A bequest i made to A, wi (ii | : » With a i i = ¢ to have any effect if he docs not many Be : fe A marncs a stranger and thereby indefinitely postpones in . ee fulfilment of the eye a effect, of the conditions, The bequest ceases to have 137, Where the Performance of con. dition, precedent r Within a : : eubsaiucnt, within spe Specified time, Cie ie hin pe either as a condition to time in ease of ttt fulfilled before the legacy " enjoyed, or as a condition h the subject. 8 to 20 over to another pen have effect, the act must be performed within the time sno: unless the performance of it be Prevented bil in which case such further time shal] be alt, Taud shall be requisite to make


time sno: unless the performance of it be Prevented bil in which case such further time shal] be alt, Taud shall be requisite to make up for the delay Wed a by such fraud. Casey CHAPTER XII, Or Bequests wirH DIrEcTIONs As 79 APPLIcan, N on ENJOYMENT, 138, Where a fund is bequeathed absolute] ¥ to Direction that fund °F for the benefit of any bo omployed in parti- Person, but the wil] Conta} oun ae oom a direction that it shall 0 ucat 0 . : sam ite or for benefit applied or enjoyed in , of any person. particular manner, thy _legatee shall be entitled tp receive the fund as if the will had contained no such direction, Lilustration, A sum of moncy is bequeathed towards purehasin residence for A, or to eee an annuity for A, oe to ae A in any business, A chooses to reccive the legacy in Mon: He is entitled to do so. } 139. Where a testator absolutely bequcathss Direction that modo fund, SO as to sever it from of enjoyment of abso. his own estate, but: directs lute bequest is to be : conta on ee that the mode of enjoy- specified ‘benefit {or Ment of it by the legates legatce. shall be restricted so as to ; secure a specified benefit for the legate ; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. t Illustrations.


if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. t Illustrations. tho daughters shall bo settled u on themselyes respectively {et ae and bo aid to their childeon after their doth, All th: | aughters dio Bamarried. Tho representatives of cat: daughter are entitled to her share of tho residue. (ii) A directs hig trustees to raiso 2 sum of monoy for ki daughter, and ho then directs that they shall invest tho f di d pay tho income arising from it to her during her life, a! quale tho Puucipal among her children after her death o daughter dics without having ever bad ao child. ltt | represtntatives are entitled to the fund. 140. Where a testator does not absolutely Bequest of fund for bequeath a fund, so os" of whi some sever it from his own és pi fulélied, | “™"°t be but gives it for certaim pr poses, and part of tho Purposes cannot be fulfilled, the fund, or so mu of it as has not been exhausted upon the object contemplated by the will, rem ins a part of estate of the testator, . , Illustrations. . @) A directs that his trustees shall invest a sum of sore me par cular way, and shall pay the interest to his £¢" » and at his death shall divide the principal amon’, children. © Bun dies wi : hil fund 0 dics without


interest to his £¢" » and at his death shall divide the principal amon’, children. © Bun dies wi : hil fund 0 dics without having ever had ach : ae eed the son'y death, belongs to the estate of (i) A bequeath: the resi : aivid ‘ tay 'sidue of his estate, to be 7) baeeliy among his daughters with a direction that they oe Seems t € interest only during their lives, and that 4 nett hes the fund ehall £0 to their children. The dane ve nochildren. The fund belongs ta the estate of the t JV) THE GAZETTE OF INDIA, OCTOBER 10, 1995, 95 —— CHAPTER XIII. or BEQUESTS To AN TxECUTOR, is bequeathed to a person who 41. Ifa legacy es named an executor of named 28 the will, he shall nottake beste? cannot tk the legacy unless he proy- oe be HOTS OO e@8 the will or otherwise fon co act 8 manifests an intention to act as executor. Illustration, estes who is named an executor. A orders sects sive a. tho directions contained in the will, ws, funeral es +3 after the testator, without having proved ga dies 4 jena ifested an intention to act as exceutor, CHAPTER XIV. Or Speciric Lecactres. 49, Whorea testator bequeaths to any person a specified part of his pro- gyectio Iegaey defined. Hort, which is distin- ished from all other parts of his property, the | jzacy is said to be specific : , Illustrations, (i A


Hort, which is distin- ished from all other parts of his property, the | jzacy is said to be specific : , Illustrations, (i A bequeatlis to B— “the diamond ring presented to me by C”: “my gold chain ”: “a certain bale of wool "": “a certain piece of cloth ": “all my household goods which shall be in or about my dwelling-house in M. Street, in Calcutta, at time of my death ”': “the sum of 1,000 rupces in a certain cheat: “the debt which B owes me”: “all my bills, bonds and securities belonging to me lying inmy lodgings in Calcutta ”: “all my furniture in my houso in Calcutta ”: “all my goods on board a certain ship now lying in the river Hughli ”: “2,000 rupees which I have in the hands of C”: “the money duo to me on the bond of D”: “my mortgage on the Rampur factory ": “one-half of the money owing to me on my mort- gage of Rampur fuctory ”: . . 1,000 rupees, being part of a debt due tome from “my capital stock of 1,002. in East India Stock’’: “my Promissory notes of the Government of India for 10,000 rupees in their 4 per cent. Joan ": a all such sums of Moncy as my executors may, after My death, receive in respect of the debt due fo me from the insulyent firm of Dand Com- pany "?: all the Wine which I may have in my


respect of the debt due fo me from the insulyent firm of Dand Com- pany "?: all the Wine which I may have in my cellar at the Me of my death ": au Such of my horses as B may select ”, Ty sll my shates in the Imperial Bank of India ”: Ty all my shares in the Imperial Bank of India which MAY possess at the time uf my ceath”: “all the mon : 7 ey which I have in the 5} per cent. 4 ®an of the Government of India ": me Goverment sccuritics I shall be entitled sti Oat the time of my decease.” ti) g , se legaciog is specific, tie, beaeatg Covernment promissory notes for 10,100 1 toy 10,009 * to his executors ‘* Government promissory _ Yap in trust to :e!l’" for the benefit of B. f a i i bequeath ng all hia property at Deanree, mothe specifi , (iv) A bequeaths to B — his house in Caloutta : his zamindari of Rampur: his talug of Ramnagar : his lease of the indigo-factory of Salkya : an annuity of 500 rupecs out of the rents of his zamindari of W, A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B. Each of these bequests is specific. T places evacy is -(v) A by his will charges his zamindari of Y with an an- nuity of 1,000 rupees to C during


specific. T places evacy is -(v) A by his will charges his zamindari of Y with an an- nuity of 1,000 rupees to C during his life, and subject to this charge ho bequeaths the zamindari to D. Each of these bequests is specific, : (vi) A bequeaths a sum of money — to buy a house in Caleutta for B : to buy an estate in zila Faridpur for B: to buy a diamond ring for B: to buy a horse for B: to bo invested in shares in the Imperial Bank of . India for B: to be invested in Government securities for B, A bequeaths to B— “a diamond ring ": “a horso ": ** 10,000 rupees worth ot Government securitica ": “an annuity of 500 rupees ": = 2,000 rupees to be paid in cash”: “so much money as will produce 5,000 rupees four per cent, Government securities,” Theso bequests are not specific. (vit) A, having property in England and property in India, bequeaths a legacy to 3, and directs that it shall be paid out of the property which he may leave in India, He also be- queaths a legacy to C. and directs that it shall be paid out of property which he may leave in England. No one of these legacics is specific. 143. Where o certain sum is bequeathed, the legacy is not specific mere- Bequest of certain sum ly because the stock, funds where stocks, ctc., in which or securities in