Section 114. A

PART XV. `Of` Contingent Bepuests. `111.` Where a legacy is given if a specified uncertain event. shall happen, and no time is mentioned in the Will for the Bequest eoa tingent UI)U~I a specifiedunceroccurrence of that event, the legacy callnot take effect tain event, no time being mentioned forits unless such event happens before the period when the fund occurrence. bequeathed is payable or distributable. Illustratiow. (a) [A ][legacy ][is ][bequeathed ] [t o ][A, ][and ][in ][case ][of ][his death, to ][B, ][If' ] [A ][survives the testator, the ] legacy to B does not take eft'cct. (21) A legacy is bequeathed to A, and in case of his death without children, tsn R. Tf A survives tbe testator or dim in his Iifelilue leaving a child, the legacy to B does uot take effect. (c)[A ][legacy is bequeathed to ] [A ][when and ][if ][he ateains the age ][ot ][18, and in case of his death, ] to B, A attains the e e of 18. The legacy to B does not take effect. B I A `N` 1 i 3 I -1 -jr ,I> .A ACT No. X `OF` 1865. `(d)` 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 lneanirlg io case B shall die without children duriug the lifetime of A. (e)[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 LLin case of B's death" a1.e to be[considered as meaning ] 'L in case B shall die in the lifetiine of A." ,112,[Where ][a ][bequesl ][is ][made ][to ][such ][of ][ocrtnin ][persons ][as ][shall ] [he ] Bequest to of surviving at some period, but the exact period is not specibe surviving persons at `as` some fiecl, t,ht: legacy shall go to such of thcm as shall be alive period not specified. at the titne of payment or distribut-ion, unless a contrary illtelllion appear by the Will. Illustrations. (a)[Property is bequeathed to ] [A ][and ][B, ][to be equally divided between them, or to the survivor of ] them. If both A anrl R survive the testator, the legacy is equally divided between thcm.[If ] [A ][dies ] before the testator, and B survives the testator, it goes to B. ( b )[Property is bequeathed to ] [A ][for life, and after his death to ][B ][a n d ][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 dcath the Icgacy goes to C. (c)[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 teslator, his childrcil nre to stand in his plnca. [C ][dies during ] the life of the testator ; B,smvives the testator, buL dies in the lifetimc of A.[The 1egac.y goes ][60 ][the ] representative of B. (d)[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 lifetiine ] of A. Afterwards C dies in the lifetime, of A. The legacy goes to the representative of C. . . PAR% XVI. `Of` Condi2Fional Bequests. Bequest L I ~ U L ~ ~ I ~ L ~ J U S ~ 1x3. A, herlwstupon an impossible sible con9tion. is void. condition 1lbstrations. ' 11":6~ - . " ACT No. X `OF` 1865. (a) An estate is bequeathed to A on condition that he shall walk one hundred miles in an hour. The bequest is void. (6) `[A ]`[bequeaths ] `[500 ]`[rupees ][to ] `[B ]`[on condition that he shall marry A's daughter. A's daughter was ] dead at tI,% date of the Will. The bequest is void. 114. A bequest upon a condition, the fulfilment of Bequest upon illegal or imnloral condition. which would Ee contrary to law or to morality, is' void. Illustrations. (a) A bequeaths `500` rupees to B on condition that he shall murder C.[The bequest is void. ] The bequest is void. (6) A bequeaths `5,000` rupees to his niece if she will desert her husband. 115. Where a Will imposes a condition[t o ] be fulfilled before the legatee can take a vested interest in the thing bequeathed, the Fulfilment of condition precedent to the condition shall be considered to have been fulfilled if it vesting of a kgacy. ' has been substantially complied with. , Illustrations. (a) [A ][legacy is bequeathed to A on condition that he shall marry with the consent of ] `[3, ]`[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. (b)[A legacy is bequeathed ][to ][ on ][condition that he shall marry with the consent of ] [B, ][C ][and ] [D. ] D dies. A marries with the consent of `I4` and C. A has fulfilled the condition. (c) [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. ( d )[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. (el A i : I I ACT No: X `OF` 1865. (e) [A ][legacy is bequeathed to ] [A ][on condition that he shall marry with the consent of ] [E, ][G ][and ][D, ] A marries without the consent of B, `C` and D, but obtains their consent after the marriage. A has not f~ilfilled the condition. `Cf)` [A ][makes his Will, whereby ][he ][bequeaths a sum of money to ][B ][if ][B ][shall marry with the cotlsellB ] of A's executors. `I3` marries during the lifetime of A, and A aftelyards 'expresses his approbation of %he marriage. A dies. The bepest to B takes effect. (g)[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 reasonabIe time, but not within the tiine specified in the Will. A has not performed the condition, and is not entitled to receive the legacy. $116.[Where there is a bequest to one person sud ][a ][bequest of the same ] thing to another if the prior bequest shall fail, the second Bequest to A and, on failure of the prior bebequest shall take effect upon the failure of the prior Gequest, to B. quest, although the failure may not have occurred in the manner contemplated by the testator. (a) [A ][bequeaths a sum of uloney to his own children surviving him, and if they all die un&r ] `18,` to B. A dies without having ever had a child.[The bequest to ][B ][takes effect, ] (b) ' A bequeaths a SUE of money to B, on condition that he shall execute a certain docuineilt within three months after A's death, and if `he` should neglect to do so, to C. B dies h~ t b testator's Iifetime. The bequest to C takes effect. `117,`[Where the Will shows ][an ][intention that the second bequest shall ] Case in the take effect only in the event of the first bequest failing ill second take effect on failure of bequest 'lot a particular manner, the second bequest shall not take the first. effect unless the prior bequest fails i n that particular manner. Illustration; A makes a bequest, to his wife, but in case she should &e in Gis lifetime, bequeaths to `I3` that which he had bequeathed to her. A and his ivife perish together, uuder ch*cumstances which make iO impossible to prove that she died before him. The bequest to B dces not take effect. zi ACT No. X OF 1865. 5 17 I a I 118,[A ][bequest bay be made to any person ][with ][the condition super- ] Bequest over, condi-[added that ][in ][case ][a ][specified uncertain event ][shall ] tionalu~on the happenhappen, the thing bequeathed shall go to another person ; ing or not happening of a specified uncertain or, that in case a specified uncertain event shall not; eveut. happen, the thing bequeathed shall go over to another person. In eakh case the ulterior bequest is subject to the rules contained in Sections 107, 108, 109, 110, `111,` 112, 113, 114, 116, 117. (u) [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 devested and t o go to B in case A shall die under 18. ( b )[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. (c) 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 devested if he dies leaving a son in A's lifetime. (d) [A ][sum of money is bequeathed ][to ][A and ] `[13, ]`[and if' either should die during the life of C, then to ] t he survivor living at the death of C. A and B die before C. The gift over cannot take effect, but the re presentative of A takes one-half of the money, and the representative of B takes the other half. (e) A bequeaths to B the interest of a fund for life, and directs the fund to be divided, at her death, cqually among her three children, or such of them as shall be living at her death. A11 the children of `I3` die in B's lifetime. The bequest over cannot take effect, but the interests of the children pass to their representatives. 9 . An ulterior bequest of the kind contemplated by the last Condition must be pieceding Section cannot take effect, unless the condition strictly fulfilled. is strictly fulfilled. (a) [A ][legacy is bequeathed ][to ][A, with a proviso that, ][if ][he mwries without the consent of ][B, ] [C ] and D, the legacy shall go to E. D-dies.[Even if ] [A ][marries without the co~isent of ] `B`[and ][C, ][the gift to ][E ] does not take effect. ' ==> picture [38 x 22] intentionally omitted <== ==> picture [6 x 6] intentionally omitted <== ==> picture [415 x 569] intentionally omitted <== 86 A& No. X m.1866. (c) An ejtate is bequeathed to A, provided that if he shall not go to England wit@ 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. (d) An estate is bequeathed to A, with a proviso that if she becomes a Nun she shall cea.se to hnve any interest in the estate. A becomes a Nun. She loses her interest under the Will. (e) 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 ' ~ u n , 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. `122` In order that a condition that a bequest shall cease to have effect Such condition must may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition 107. of a bequest as contemplated by the one huudred and Such condition must not be invalid under ection 107. I seventh Section. 123. Where a bequest is made with a condition superadded that Resultoflegateerenpnless the legatee shall perform a certain act, the subjectd e r i n ~ imposs~ble or indefinltely poatpooiog[matter of the bequest shall go to another person, or ][the ] an act for which no bequest shall cease to have effect ; but no time is time is specified and on the nonperfonnspecified for the performance of the act ; if the legatee ance of which the subject-matter is tc go takes any step whici renders impossibie or indefinitely over. postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. (a) 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. ( b ) A bequest is made to A with a proviso that it shall cease to have any effect if he does not merr? `5's` daughter, A marries a stranger, and thereby indefinitely postpones the fuliilment of the condition The bequest ceases to have effect. `124.` Where . ACT No. X OF 1865. \ L) I r ! I i 3 .4 '%$ ,v `120` 124. Where the Will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled Performance of condition, precedent or before the legacy is enjoyed, or as a conditioli upon subsequent, within the non-fulfilment of which the subject-matter of the specified time. bequest is to go over to another person, or the bequest is to cease to have effect ; the act milfit be performed within the time specified, unless~tlie performance of it be prevented by fraud, in which case ' Further time allow.[such further time shall be allowed as shall be requisite to ] ed in caseof fiaud. make up for the delay caused by such fraud.