Section 165. Where

PART XXIV; Of Bequests `of` the fiterest or Produce `of` a Fund. 159. Where the ihterest or produce of a fund is bequeathed to any Bequest of the in-[person, ][and ][the ][Will ][affords ][no ][indication of ][an ][intention ] tgrest or produce of a that the enjoyment of the bequest should be of limited fund. duration, the principal as well as the interest shall belong to the legatee. Jlk~trations. , \ I { 4 I! t 1 6 :. : `Q` `<y` `Q` '.* `-:%,` \ (a) A bequeaths to B the interest of k s 5 p&r-cent: promissory nbtes of the Government of India, There is no other clause in the Will ;ffecting - those securities. B is entitled to A's 5 per cent. promissory notes of the Government .of India. . . ( b ) A bequeaths the interest of his 54 per cent.. promissory notes of the Government of India to B for his life, and after his death to C. f$ is entitled t o the interest of the notes during his life, and C is entitled to the notes upon B's death. - (a) A bequedths to B the rents of his lsnds at X, B is entitled to the lands. PART XXV, `0` f ~ e ~ u e s t s bf Annuities. , \ , \ 160, where an annuity is created by Will, the legatee is entitled to receive it for his life only, unless a contrary intention ap- Ann,ity , WiU only, unless is pa+ a contrary for 8 2 pears by the Will., And this rule ihall sot be varied by intention appearsby the the circumstance that the annuity is directed to be paid Will. out of the proper%y generally, Qr that a sum of money is bequeathed to be invested in the purchase of it. . . . . . . . . ..? . . C . Illwi+aliona. . , . . , i (a) A bequeaths to B 500 rupees a y_ear. .@,-is e_ntitlpd ..durine his `life` to receive the annustl sum of 500 rupees. * & , . . . . . . (6) A bequeaths to B the sum of 500 rupees monthly. B is entitled during his life to receive the sqru of 500,rupeee every month., ' `I` (c) A bequeaths an annuity of 500 rupees to B for life, c\nd on B's death to C, `B` is entitled 6 0 aa annuity of 500 rupees during his ,life. C, if heasurvives B, is entged to an wnuity of 500 rupeesSfrom' B's death until his `Qmn` deslti. : `Q` '.* `-:%,` x,- g5 `3` ACT No. X `QF 1865.` lbf,[Where ][the ][Will directs ][that ][an annuity shall be 2rovided for any ] Period of vesting person out of the proceeds of property, or out of property where Will directs that generally, or where money is bequeathed to be invested an annuity be pro' vided ceeds of property, or out of the p ~ ~in - thb pu~chase of an ainuity for any person, on the testaofpropertygenera~~y,or tor's death the legacy vests in interest in the legatee, and money is belle is entitled at his option to have an annuity purchased queathed to be invested in the ~urchase of an for him, or to receive the money appropriated for that annuity. purpose by the Will. Illustrations.. (a) [A ][by his Will directs that his executors shall out of his property purchase an annuity of 1,000 ] rupees for B. B is entitled at his option to have an annuity of 1,000 rupees for his life purchased for him, or to receive such. a s,um as mill be sufficient for the purchase of such an annuity. (1,) A bequeath$ a fund to B for his life, and directs that after E s death ;it shall h; laid out in the purchase of an annuity fnr. C. B and `C` survive the testator. C dies in B's Ftime. o n B's death the fund belongs to the representative of C. ' 162. Where an annuity is bequeathed, but the assets of the testator are of not sufficient to pay all the legacies given by the Will, the[' ] n,aity . an~luity shall abate in the same proportion as the other pecunin~y legacies given by the Will. - Where there is a gifb 163. Where there -is a gift of an annuity and a of an annuity, andareresiduary gift, the whole of the annuity is to be satisfied'. siduary gift, the whole of the annuity to be before any part of the resdue is paid to the residuary first satisfied. legatee, and, if necessary, the capital of tlze testator's estate shall be applied for that purpose. PART XXVI. -. I \ `Of` Legacies to Creditors aad Portioners. Where a debtor bequeaths a . legacy to his cl*editor, and and it does not appear from the Will that the leg cy is meant,as a satisfaction of the debt, the creditor well as to the amount as to the amount the amount amount of the debt. debt. - Creditor print6 facze entitledtolegacy asme11 cl*editor, and and it does not appear from the Will that the RS debt. - shall be entitled to the kgacy i s well as to the amount as to the amount the amount amount of the debt. debt. 165. Where - . `T` I T) 1 I 3 f ,ACT No. X. `OF` 1865, 165, Where a parent who is under ,obligation by 'contract to provide a a,ild fan,[portion for a child, fails ][t o ][do so, and afterwards bequeaths ] elltitled to legacy as a legacy t b the child, and does not intimate by his Will well as portion. that the legacy is meant as a satidfaction of the portion, the child shall be entitled to receive the legacy as well as the portion Illustration. A, by articles entered into incontemplation of his marriage with B, covenanted that he mould pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken, A bequeaths 20,000 rupees to each of the married daughters of himself and B. Tbe legatees are entitled to the benefit of this bequest in addition to their portions. 166.[No bequest shall be mholly or partially adeem- ] No ademption by subsequent provision for ed by a subsequent provision made `by` settlement or legatee. otherwise for the legatee. Illustrations. I (a) [A ][bequeaths 20,000 rupees to his son ][B. ][Ha ][afterwards gives to ][B ][the sum of 20,000 rupees. ] The legacy is not thereby adeemed. I ( b ) [A ][bequeaths 40,000 rupees to ] `[13, ]`[his ][orphan niece, whom he had brought up from her infancy. ] Afterwards, on the occasion of `B's` marriage, A settles upon her the sum of 30,000 rupees.[The legacy ][is ] net thereby diminished.