Title : When Second Bequest Not to Take Effect on Failure of First
State : Central
Year : 1925
Where the Will shows an intention that the second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner. Illustration A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that which he had bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him, the bequest to B does not take effect. View Complete Act List Judgments citing this sectionTitle : Bequest over Conditional Upon Happening or Not Happening of Specified Uncertain Event
State : Central
Year : 1925
(1) A bequest may be made to any person with the condition super-added that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person. (2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130. Illustrations (i) A sum of money is bequeathed to A, to be paid to him at the age of 18, and if he shall die before he attains that age, to B. A takes a vested interest in the legacy, subject to be divested and to go to B in case A dies under 18. (ii) An estate is bequeathed to A with a proviso that if A shall dispute the competency of the testator to make a..... View Complete Act List Judgments citing this sectionTitle : Condition Must Be Strictly Fulfilled
State : Central
Year : 1925
An ulterior bequest of the kind contemplated by section 131 cannot take effect, unless the condition is strictly fulfilled. Illustrations (i) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, C and D, the legacy shall go to E. D dies. Even if A marries without the consent of B and C, the gift of E does not take effect. (ii) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, the legacy shall go to C. A marries with the consent of B. He afterwards becomes a widower and marries again without the consent of B. The bequest to C does not take effect. (iii) A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, if A dies under 18 or marries without the consent of B, the legacy shall..... View Complete Act List Judgments citing this sectionTitle : Original Bequest Not Affected by Invalidity of Second
State : Central
Year : 1925
If the ulterior bequest be not valid the original bequest is not affected by it. Illustrations (i) An estate is bequeathed to A for his life with condition super-added that, if he shall not on a given day walk 100 miles in an hour, the estate shall go to B. The condition being void, A retains his estate as if no condition had been inserted in the Will. (ii) An estate is bequeathed to A for her life and, if she do not desert her husband, to B, A is entitled to the estate during her life as if no condition had been inserted in the Will. (iii) An estate is bequeathed to A for life, and, if he marries, to the eldest son of B for life. B at the date of the testator's death, has not had a son. The bequest over is void under section 105, and A is entitled to the estate during his life...... View Complete Act List Judgments citing this sectionTitle : Bequest Conditioned That It Shall Cease to Have Effect in Case a Specified Uncertain Event Shall Happen, or Not Happen
State : Central
Year : 1925
A bequest may be made with the condition super-added that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (i) An estate is bequeathed to A for his life, with a proviso that, in case he shall 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 marries under the age of 25 without the consent of the executors named in the will, the estate shall cease to belong to him. A marries under 25 without the consent of the executors. The estate ceases to belong to him. (iii) An estate is bequeathed to A, provided that, if he shall not go to England within..... View Complete Act List Judgments citing this sectionTitle : Such Condition Must Not Be Invalid Under Section 120
State : Central
Year : 1925
In order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120. View Complete Act List Judgments citing this sectionTitle : Of Bequests with Directions as to Application or Enjoyment
State : Central
Year : 1925
Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. 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 choses to receive the legacy in money. He is entitled to do so. Section 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..... View Complete Act List Judgments citing this sectionTitle : Direction That Fund Be Employed in Particular Manner Following Absolute Bequest of Same to or for Benefit of Any Person
State : Central
Year : 1925
Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. 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 choses to receive the legacy in money. He is entitled to do so. View Complete Act List Judgments citing this sectionTitle : Direction That Mode of Enjoyment of Absolute Bequest is to Be Restricted, to Secure Specified Benefit for Legatee
State : Central
Year : 1925
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..... View Complete Act List Judgments citing this sectionTitle : Bequest of Fund for Certain Purposes, Some of Which Cannot Be Fulfilled
State : Central
Year : 1925
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..... View Complete Act List Judgments citing this section