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Illustrations

(i) A bequest is made to A or to B. A survives the testator. B takes nothing.


(ii) A bequest is made to A or to B. A dies after the date of the will, and before the testator. The legacy goes to B.
(iii) A bequest is made to A or to B. A is dead at the date of the will. The legacy goes to B.
(iv) Property is bequeathed to A or his heirs. A survives the testator. A takes the property absolutely.
(v) Property is bequeathed to A or his nearest of kin. A dies in the lifetime of the testator. Upon the death of the testator, the bequest to A’s nearest of kin takes effect.
(vi) Property is bequeathed to A for life, and after this death to B or his heirs. A and B survive the testator. B dies in A’s lifetime. Upon A’s death the bequest to the heirs of B takes effect.
(vii) Property is bequeathed to A for life, and after his death to B or his heirs. B dies in the testator’s lifetime. A survives the testator. Upon A’s death the bequest to the heirs of B takes effect.
97. Effect of words describing a class added to bequest to person
Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will.

Illustrations


(i) A bequest is made—

to A and his children,

to A and his children by his present wife,

to A and his heirs,

to A and the heirs of his body,

to A and the heirs male of his body,

to A and the heirs female of his body,

to A and his issue,

to A and his family,

to A and his descendants,

to A and his representatives,

to A and his personal representatives,

to A, his executors and administrators.

In each of these cases, A takes the whole interest which the testator had in the property.


(ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy.
(iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A.

98. Bequest to class of persons under general description only
Where a bequest is made to a class 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 legacy.

99. Construction of terms.
In a will—

(a) the word "children" applies only to lineal descendants in the first degree of the person whose "children" are spoken of;


(b) the word "grand-children" applies only to lineal descendants in the second degree of the person whose "grand-children" are spoken of;
(c) the words "nephews" and "nieces" apply only to children of brothers or sisters;
(d) the words "cousins", or "first cousins", or "cousins-german", apply only to children of brothers or of sisters of the father or mother of the person whose "cousins", or "first cousins", or "cousins-german", are spoken of;
(e) the words "first cousins once removed" apply only to children of cousins-german, or to cousins-german of a parent of the person whose "first cousins once removed" are spoken of;

(f) the words "second cousins" apply only to grand-children of brothers or of sisters of the grandfather or grandmother of the person whose "second cousins" are spoken of;


(g) the words "issue" and "descendants" apply to all lineal descendants whatever of the person whose "issue" or "descendants" are spoken of;
(h) words expressive of collateral relationship apply alike to relatives of full and of half blood; and
(i) all words expressive of relationship apply to a child in the womb who is afterwards born alive.

100. Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
In the absence of any intimation to the contrary in a will, the word "child", the word "son", the word "daughter" or any word which expresses relationship, is to be understood as denoting 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.

Illustrations

(i) A having three children, B, C and D, of whom B and C are legitimate and D is illegitimate leaves his property to be equally divided among "my children". The property belongs to B and C in equal shares, to the exclusion of D.


(ii) A, having a niece of illegitimate birth, who has acquired the reputation of being his niece and having no legitimate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy.
(iii) A, having in his will enumerated his children, and named as one of them B, who is illegitimate, leaves a legacy to "my said children". B will take a share in the legacy alongwith the legitimate children.
(iv) A leaves a legacy to "the children of B". B is dead and has left none but illegitimate children. All those who had at the date of the will acquired the reputation of being the children of B are objects of the gift.
(v) A bequeaths a legacy to "the children of B". B never had any legitimate child. C and 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 by a 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 favour of his child to be born of a woman who never becomes his wife. The bequest is void.
(viii) A makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. The bequest is void.

101. Rules of construction where will purports to make two bequests to same person
Where a will purports to make two bequests to the same person, and a question arises whether the testator intended to make the second bequest instead of or in addition 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 be 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 codicil, 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 person of the same quantity or amount of anything, he shall be entitled to one such legacy only.
(c) Where two legacies of unequal amount are given to the same person in the same will, or in the same codicil, the legatee 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 a different codicil, the legatee is entitled to both legacies.
Explanation— In clauses (a) to (d) of this section, the word "will" does not include a codicil.
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