Section 158. If

PART XXII. `Of` the `Pay` mefit of Liabilities in respect `of` the Subject `of` a Bequest. " " " " `P5$.` Where properky specifically bequeathed'is subject at the death of the testator to any pledge,' lien, .or incumbrance, created Non-liability of exccutor to exonera& by the testator himself or by any person .under whom he specific legatees. claims ; then, unless a contrary intention appears by t h e IT-ill, the legatee, if he accepts the bequest, 'shall- accept it subject ,to sucb pledge or incumbrance, and shall (as between himself and the testator's estate) be liable to make good the amount.of such pledge or incumbrance. A con- trary intention shall not be inferred from any direction which the Will may contain for the payment of the testator's debts generally, , Ezp?anation.-A periodical payment in the nature of land-revenue or in the natu~e of rent is not sucb aa. incumbrance, as is contemplatedp by this . `I` (a) A bequeaths to B the diamond ring given him by C. At A's death the ribg isi held ih pawn' by D, to whom it has been pledged by A. It is the duty of A's executors, if the state of thc.tost&or's wets will allowthem, to dlow B to redeem the ring. (b) - A bequeaths to B a zamindsrf, which at A's death is subject f.o a bortgage for 10,000 rupee9 and the whole of the principal sum, together with interest to the amount of 1,000 rupees, is due at A's death. B, if he accepts the bequest, accepts it subjeot to,this charge, and is liable, `as` between himself and `A's` estate, to pay the sum of 11,000 rupees thus due. . . . ' Gmpletion of testa- `155` Where any ' thing is to be done to completb tor's titlc to things be[ueathed ][to ] `[be ]`[at ][cost ][the ][testator's title ][to ][the ][thing ][bequeathed, ][it ][is ][to ][be ] of Xis estate. done at the cost of the testator's estate, Ill~i~aiiona. 8 * ACT `Ho.` X" `OF` 1866,. (a) A having contracted in general terms for the purchase of a piece of land at a certain price; bequeaths it to B, and dies bkfwe he `ha` paid the purchase-money. The purchase-money must be made good out of A's assets. (b)[A having contracted for the purchase of a ~ i e c e ] of land for a certain sum of money, one-half of which is to be paid down, and the other half secured by mortgage of the land, bequeaths it to B, and dies . before he has paid or secured any part of the purchase-money. One-half of the purchase-money must be paid out of A'snssets. 156. Where there is a bequest of any iderest in immoveable property, in respect of which payment in the nature of land Exoneration of legatee's immoveable prorevenue or in the nature of rent bas tb be made periodiperty for which land, revenue or rent is payoally, the estate ~f the testator shall (as between such eststs able periodically. and the, legatee) make good suok payments or a propor- tion of them up to the day `of` his death. Illmtratwn. A bequeaths to `B` a house, in respect of which 365 rupees are payable annually by way of rent A pays his rent at the usual time, and dies 25 days after. A's estate shall make good 25 rupees in respect of the rent. lby, I n the absence of any direction `in` the Will, where there is a speExoneration of specific bequest of stock in a Joint Stock Company, if any call cific legatee's stock in a Joint ~tock~Com-[or other ][payment ][is due from the testator at the time ][of ] P ~ U Y . his death in respect of such stock, such call or payment shall,- as between the testator's estate and the legatee, be borne by such estate ; but if any call or other payment shall, after the testator's death, become due in respect of such stock, the same shall, as between the testatdr'i estate and the legatee, be borne by the legatee if he accept the bequest. (a) [A ][bequeathed to B hie shares ][in ][a ][certain railway. At ] [A'S ][death there was due from him, ] the rmrn ,of 52. in respect of each share, being the amount of a call 'which, had been duly made, and the sum gf 5s. in respect of each share, being the amount of interest which had accrued due in respect of the call. These bayrnents nus st be borne by A's estate. (a> A l ACT' No. X ois 1868t `138` , (b) [A ][has agreed to take ][50 ][shares in an intended Joint ] [fhck ][Company, and has contracted ][to ][pay ] up 51. in respect of each share, which sym must be paid before his title to the shares can be completed. A bequeaths these shares to `B.` The estate 6f A must make good the payments which were necessary to complete A's title. \ e (c) A bequeaths to B his shares in a certain railway. B sccepts the legacy. After A's death, a call is made in respect of the shares. B must pay the call. (d) A bequeath5 to B his shares in a Joint Stock Company. B accepts the bequest.[Afterwards ] &e affairs of the Company we wound up, and'each shareholder is called upon for contribution, The amount of the contribution must be borne by the legatee. (e) A is the owner of ten shares in a `Railway` Company, At a meeting hcld during his lifetime a call is made of 31. per share, payable by three instalments. A bequeaths hia shares to B, and dies between the day 6xed for the payment of the first and the day fixed for the payment of the second instalment, and without having paid the first instalment. A's estate must pay the first inst4ment, and B, if he accepts the legacy, must pay the remaining instalments. PART XXIII. Of Bequests `of Things` described in general Terms. . , 158. If there be'a bequest of something described, in general terms, nequest of thin the executor must purchase for the legatee what may rea- described in ,enerz! terms. sonably be a considered to answer the description. s Illu-slratwns. il , J (a) [A ][bequeath to ][B ][a ][pair of carriage horses, or ] [a ][diamond ring. ] [The ][executor must providc ] the legatee with such articIes, if the state of the assetv will allow it. (b) A bequeaths to B '& his pair of carriage horses." 3 had no carriage horses at the time of' hie death. l!h; legacy fails.