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Illustration

A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested interest in the bequest.



Chapter IX - Of Onerous Bequests
122. Onerous bequests
Where a bequest imposes an obligation on the legatee, he can take nothing by it unless he accepts it fully.

Illustration



A, having shares in (X), a prosperous joint stock company and also shares in (Y), a joint stock company in difficulties, in respect of which shares heavy calls are expected to be made, bequeaths to B all his shares in joint stock companies; B refuses to accept the shares in (Y). He forfeits the shares in (X).

123. One of two separate and independent bequests to same person may be accepted, and other refused
Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous.

Illustration



A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during 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 money.

Chapter X - Of Contingent Bequests



124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence
Where a legacy is given if a specified uncertain event shall happen and no time is mentioned in the will for the occurrence of that event, the legacy cannot take effect, unless such event happens before the period when the fund bequeathed is payable or distributable.

Illustrations

(i) A legacy is bequeathed to A, and, in case of his death, to B. If A survives the testator, the legacy to B does not take effect.


(ii) A legacy is bequeathed to A, and in case of his death without children, to B. If A survives the testator or dies in his lifetime leaving a child, the legacy to B does not take effect.
(iii) A legacy is bequeathed to A when and if he attains the age of 18, and, in case of his death, to B. A attains the age of 18. The legacy to B does not take effect.
(iv) A legacy is bequeathed to A for life, and, after his death to B, and, "in case of B’s death without children", to C. The words "in case of B’s death without children" are to be understood as meaning in case B dies without children during the lifetime of A.
(v) A legacy is bequeathed to A for life, and, after his death to B, and, "in case of B’s death" to C. The words "in case of B’s death" are to be considered as meaning "in case B dies in the lifetime of A".

125. Bequest to such of certain persons as shall be surviving at some period not specified
Where a bequest is made to such of certain persons as shall be surviving at some period, but the exact period is not specified, the legacy shall go to such of them as are alive at the time of payment or distribution, unless a contrary intention appears by the will.

Illustrations

(i) Property is bequeathed to A and B to be equally divided between them, or to the survivor of them. If both A and B survive the testator, the legacy is equally divided between them. If A dies before the testator, and B survives the testator, it goes to B.


(ii) 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 the legacy goes to C.
(iii) Property is bequeathed to A for life, and after his 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 the life of the testator; B survives the testator, but dies in the lifetime of A. The legacy goes to the representative of B.
(iv) Property is bequeathed to A for life, and, after his death, to B and C, with a direction that, in case either of them dies in the lifetime of A, the whole shall go to the survivor. B dies in the lifetime of A. Afterwards C dies in the lifetime of A. The legacy goes to the representative of C.


Chapter XI - Of Conditional Bequests



126. Bequest upon impossible condition
A bequest upon an impossible condition is void.

Illustrations

(i) An estate is bequeathed to A on condition that he shall walk 100 miles in an hour. The bequest is void.


(ii) A bequeaths 500 rupees to B on condition that he shall marry A’s daughter. A’s daughter was dead at the date of the will. The bequest is void.

127. Bequest upon illegal or immoral condition
A bequest upon a condition, the fulfilment of which would be contrary to law or to morality is void.

Illustrations

(i) A bequeaths 500 rupees to B on condition that he shall murder C. The bequest is void.


(ii) A bequeaths 5,000 rupees to his niece if she will desert her husband. The bequest is void.
128. Fulfilment of condition precedent to vesting of legacy
Where a will imposes a condition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be considered to have been fulfilled if it has been substantially complied with.
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