(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. Afterward 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. 45 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. Illustrations

(i) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C, D and E. A marries with the written consent of B. C is present at the marriage. D sends a present to A previous to the marriage. E has been personally informed by A of his intentions, and has made no objection. A has fulfilled the condition. (ii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. D dies. A marries with the consent of B and C. A has fulfilled the condition. (iii) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries in the lifetime of B, C and D, with the consent of B and C only. A has not fulfilled the condition. (iv) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A obtains the unconditional assent of B, C and D to his marriage with E. Afterwards B, C and D capriciously retract their consent. A marries E. A has fulfilled the condition.

(v) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries without the consent of B, C and D, but obtains their consent after the marriage. A has not fulfilled the condition. (vi) A make his will whereby he bequeaths a sum of money to B if B shall marry with the consent of A’s executors. B marries during the lifetime of A, and A afterwards expresses his approbation of the marriage. A dies. The bequest to B takes effect. (vii) A legacy is bequeathed to A if he executes a certain document within a time specified in the will. The document is executed by A within a reasonable time, but not within the time specified in the will. A has not performed the condition, and is not entitled to receive the legacy. 129. Bequest to A and on failure of prior bequest to B.—Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator. Illustrations

(i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without having ever had a child. The bequest to B takes effect. (ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A’s death, and, if he should neglect to do so, to C. B dies in the testator’s lifetime. The bequest to C takes effect. 46 130. When second bequest not to take effect on failure of first.—Where the will shows anintention 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. 131. Bequest over, conditional upon happening or not happening of specified uncertain event.—

(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 will, the estate shall go to B. A disputes the competency of the testator to make a will. The estate goes to B. (iii) A sum of money is bequeathed to A for life, and, after his death, to B, but if B shall then be dead leaving a son, such son is to stand in the place of B. B takes a vested interest in the legacy, subject to be divested if he dies leaving a son in A’s lifetime. (iv) A sum of money is bequeathed to A and B, and if either should die during the life of C, then to the survivor living at the death of C. A and B die before C. The gift over cannot take effect, but the representative of A takes one- half of the money, and the representative of B takes the other half.

(v) A bequeaths to B the interest of a fund for life, and directs the fund to be divided at her death equally among her three children, or such of them as shall he living at her death. All the children of B die in B’s lifetime. The bequest over cannot take effect, but the interests of the children pass to their representatives. 132. Condition must be strictly fulfilled.—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. E' dies. Even if A marries without the consent of B and C, the gift to 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 go to C. A marries under 18, without the consent of B. The bequest to C takes effect. 133. Original bequest not affected by invalidity of second.—If the ulterior bequest be not valid the original bequest is not affected by it. 47 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, had not had a son. The bequest over is void under section 105, and A is entitled to the estate during his life. 134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.—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 three years after the testator's death, his interest in the estate shall cease. A does not go to England within the time prescribed. His interest in the estate ceases. (iv) An estate is bequeathed to A, with a proviso that, if she becomes a nun, she shall cease to have any interest in the estate. A becomes a nun. She loses her interest under the will.

(v) A fund is bequeathed to A for life, and, after his death, to B, if B shall be then living, with a proviso that, if B shall become a nun, the bequest to her shall cease to have any effect. B becomes a nun in the lifetime of A. She thereby loses her contingent interest in the fund. 135. Such condition must not be invalid under section 120.—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. 136. Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over.—Wherea bequest is made with a condition super-added that, unless the legatee shall perform a certain act, thesubject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Illustrations

(i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and thereby indefinitely postpones the fulfilment of the conditions. The bequest ceases to have effect. 137. Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud.—Where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfilment of which the subject-matter of the bequest is to go over to another person or the bequest is to cease to have effect, the act must be performed within the time specified, unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud. 48 CHAPTER XII.—Of Bequests with Directions as to Application or Enjoyment 138. Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.—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. 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 be 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. 49 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 lodgings 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 a debt due to me from C”: “my capital stock of 1,0001 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 51/2 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: histaluq of Ramnagar: 50 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 zilaFaridpur 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 propertywhich 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. Illustration A bequeaths to B— “10,000 rupees of my funded property”: “10,000 rupees of my property now invested in shares of the East Indian Railway Company”: “10,000 rupees, at present secured by mortgage of Rampur factory”, No one of these legacies is specific. 144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.—Where a bequest is made in general terms of a certain amount of any kind of stock, the legacy is not specific merely because the testator was, at the date of his will, possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed. Illustration A bequeaths to B 5,000 rupees five per cent. Government securities. A had at the .date of the will five per cent. Government securities for 5,000 rupees. The legacy is not specific. 51 145. Bequest of money where not payable until part of testator's property disposed of in certain way.—A money legacy is not specific merely because the will directs its payment to be postponed until some part of the property of the testator has been reduced to a certain form, or remitted to a certain place. Illustration A bequeaths to B 10,000 rupees and directs that this legacy shall be paid as soon as A’s property in India shall be realised in England. The legacy is not specific. 146. When enumerated articles not deemed specifically bequeathed.—Where a will contains a bequest of the residue of the testator's property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. 147. Retention, in form, of specific bequest to several persons in succession.—Where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing. Illustrations

(i) A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has bequeathed the lease to B for his life, and after B’s death to C. B is to enjoy the property as A left it, although, if B lives for fifteen years, C can take nothing under the bequest. (ii) A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C’ s death, to D. C is to enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest. 148. Sale and investment of proceeds of property bequeathed to two or more persons in succession.—Where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will. Illustration A, having a lease for a term of years, bequeaths all his property to B for life, and, after B’s death to C. The lease must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid to B for life. At B’s death the capital of the fund is to be paid to C. 149. Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.—If there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies. CHAPTER XV.—Of Demonstrative Legacies 150. Demonstrative legacy defined.—Where a testator bequeaths a certain sum of money, or a certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute the same the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative. Explanation.—The distinction between a specific legacy and a demonstrative legacy consists in this, that— where specified property is given to the legatee, the legacy is specific; where the legacy is directed to be paid out of specified property, it is demonstrative. Illustrations

(i) A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. The legacy to B is specific, the legacy to C is demonstrative. 52 (ii) A bequeaths to B— “ten bushels of the corn which shall grow in my field of Green Acre”: “80 chests of the indigo which shall be made at my factory of Rampur”: “10,000 rupees out of my five per cent.promissory notes of the Central Government”: “An annuity of 500 rupees from my funded property”: “1,000 rupees out of the sum of 2,000 rupees due to me by C”: An annuity, and directs it to be paid “out of the rents arising from my taluk of Ramnagar”. (iii) A bequeaths to B— “10,000 rupees out of my estate at Ramnagar,” or charges it on his estate at Ramnagar: “10,000 rupees, being my share of the capital embarked in a certain business.” Each of these bequests is demonstrative. 151. Order of payment when legacy directed to be paid out of fund the subject of specific legacy.—Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. The debt due to A from W is only 1,500 rupees; of these 1,500 rupees, 1,000 rupees belong to B. and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator. CHAPTER XVI.—Of Ademption of Legacies 152. Ademption explained.—If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is a deemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will. 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 the time of mydeath.” A in his life time,— sells or gives away the ring: converts the chain into a cup: converts the wool into cloth: makes the cloth into a garment: takes another house into which he removes all his goods. Each of these legacies is adeemed. (ii) A bequeaths to B— “the sum of 1,000 rupees, in a certain chest”: “all the horses in my stable”. 53 At the death of A, no money is found in the chest, and no horses in the stable. The legacies are adeemed. (iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage. The ship and goods are lost at sea, and A is drowned. The legacy is adeemed. 153. Non-ademption of demonstrative legacy.—A demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator, or has been converted into property of a different kind, but it shall in such case be paid out of the general assets of the testator. 154. Ademption of specific bequest of right to receive something from third party.—Where the thing specifically bequeathed is the right to receive something of value from a third party, and the testator himself receives it, the bequest is adeemed. Illustrations

(i) A bequeaths to B— “the debt which C owes me”: “2,000 rupees which I have in the hands of D”: “the money due to me on the bond of E”: “my mortgage on the Rampur factory”, All these debts are extinguished in A’s lifetime, some with and some without his consent. All the legacies are adeemed. (ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed. 155. Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed.— The receipt by the testator of a part of an entire thing specifically