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Illustration

A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A or to place A in any business. A chooses to receive the legacy in money. He is entitled to do so.



139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee
Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction.

Illustrations

(i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue.


(ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her during her life, and divide the principal among her children after her death. The daughter dies without having ever had a child. Her representatives are entitled to the fund.

140. Bequest of fund for certain purposes, some of which cannot be fulfilled
Where a testator does not absolutely bequeath a fund, so as to sever it from his own estate, but gives it for certain purposes, and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains a part of the estate of the testator.

Illustrations

(i) A directs that his trustees shall invest a sum of money in a particular way, and shall pay the interest to his son for life, and at his death shall divide the principal among his children. The son dies without having ever had a child. The fund, after the son’s death, belongs to the estate of the testator.


(ii) A bequeaths the residue of his estate, to be divided equally among his daughters, with a direction that they are to have the interest only during their lives, and that at their decease the fund shall go to their children. The daughters have no children. The fund belongs to the estate of the testator.


Chapter XIII - Of Bequests to an Executor



141. Legatee named as executor cannot take unless he shows intention to act as executor
If a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor.

Illustration

A legacy is given to A, who is named an executor. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. A has manifested an intention to act as executor.


Chapter XIV - Of Specific Legacies
142. Specific legacy defined
Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific.

Illustrations


(i) A bequeaths 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 rupees in a certain chest":

"the debt which B owes me":

"all my bills, bonds and securities belonging to me lying in my lodging in Calcutta":

"all my furniture in my house 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 due to me on the bond of D":

"my mortgage on the Rampur factory":

"one-half of the money owing to me on my mortgage of Rampur factory":

"1,000 rupees, being part of debt due to me from C":

"my capital stock of 1,000£ in East India Stock":

"my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan":

"all such sums of money as my executors may, after my death, receive in respect of the debt due to me from the insolvent firm of D and Company":

"all the wine which I may have in my cellar at the time of my death":

"such of my horses as B may select":

"all my shares in the Imperial Bank of India":

"all my shares in the Imperial Bank of India which I may possess at the time of my death":

"all the money which I have in the 5½ per cent. loan of the Central Government":

"all the Government securities I shall be entitled to at the time of my decease".

Each of these legacies is specific.


(ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors "Government promissory notes for 10,000 rupees in trust to sell" for the benefit of B. The legacy is specific.
(iii) A, having property at Benares, and also in other places, bequeaths to B all his property at Benares. The legacy is specific.
(iv) A bequeaths to B

his house in Calcutta:

his zamindari of Rampur:

his taluq of Ramnagar:

his lease of the indigo-factory of Salkya:

an annuity of 500 rupees 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.


(v) A by his will charges his zamindari of Y with an annuity of 1,000 rupees to C during his life, and subject to this charge he bequeaths the zamindari to D. Each of these bequests is specific.
(vi) A bequeaths a sum of money—

to buy a house in Calcutta 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 be 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 horse":

"10,000 rupees worth of Government securities":

"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".

These bequests are not specific.


(vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be paid out of property which he may leave in England. No one of these legacies is specific.

143. Bequest of certain sum where stocks, etc., in which invested are described
Where a certain sum is bequeathed, the legacy is not specific merely because the stock, funds or securities in which it is invested are described in the will.

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