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Illustration

The legacy is simply to A and B. A dies before the testator. B takes the legacy.



107. Effect of words showing testator’s intention to give distinct shares
If a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator’s property.

Illustration

A sum of money is bequeathed to A, B and C, to be equally divided among them. A dies before the testator. B and C will only take so much as they would have had if A had survived the testator.


108. When lapsed share goes as undisposed of
Where a share which lapses is a part of the general residue bequeathed by the will, that share shall go as undisposed of.

Illustration

The testator bequeaths the residue of his estate to A, B and C, to be equally divided between them. A dies before the testator. His one-third of the residue goes as undisposed of.


109. When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime
Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the will.

Illustration



A makes his will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his will whereby he bequeaths all his property to his widow, D. The money goes to D.

110. Bequest to A for benefit of B does not lapse by A’s death
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.

111. Survivorship in case of bequest to described class
Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as are alive at the 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 died since the death of testator.

Illustrations

(i) A bequeaths, 1,000 rupees to "the children of B" without saying when it is to be distributed among them. B had died previous to the date of the will, leaving three children, C, D and E. E died after the date of the will, but before the death of A. C and D survive A. The legacy will belong to C and D, to the exclusion of the representatives of E.


(ii) A lease for years of a house, was bequeathed to A for his life, and after his decease to the children of B. At the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during the lifetime of A, C died, leaving E, his executor. D has survived A, D and E are jointly entitled to so much of the leasehold term as remains unexpired.
(iii) A sum of money was bequeathed to A for her life, and after her decease to the children of B. At the death of the testator, B had two children living, C and D, and, after that event, two children E and F, were born to B. C and E died in the lifetime of A, C having made a will, E having made no will. A has died, leaving D and F surviving her. The legacy is to be divided into four equal parts, one of which is to be paid to the executor of C, one of the administrator of E and one to F.
(iv) A bequeaths one-third of his land to B for his life, and after his decease to the sisters of B. At the death of the testator, B had two sisters living C and D, and after that event another sister E was born. C died during the life of B, D and E have survived B. One-third of A’s land belong to D, E and the representatives of C, in equal shares.

(v) A bequeaths, 1,000 rupees to B for life and after his death equally among the children of C. Up to the death of B, C had not had any child. The bequest after the death of B is void.


(vi) A bequeaths 1,000 rupees to "all the children born or 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, D and E. 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,E,F and G to the exclusion of the after-born child of B.
(vii) A bequeaths a fund to the children of B, to be divided among them when the eldest shall attain majority. At the testator’s death, B had one child living, named C. He afterwards 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 exclusion of any child who may be born to B after C’s attaining majority.

Chapter VII - Of void Bequests

112. Bequest to person by particular description, who is not in existence at testator’s death
Where a bequest is made to a person by a particular description, and there is no person in existence at the testator’s death 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 description is alive at the death of the testator, or comes into existence between that event, such later time and the property shall, at such later time, go to that person, or, if he is dead, to his representatives.
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