Section 62. For the purpose of determining questions as to what person or what property is denoted by any words

62. For the purpose of determining questions as to what person or what property is denoted by any words used in a Will, Enquiries to deterlllille questions as to a Court must inquire into every material fact relating to object Or subject of the persons who claim to be interested under such \\'ill. Will, the property which is claimed as the subject of disposition, the circunlstances of the testator and of his family, and into every fact a knowledge of which inay conduce to the right application of the words which ~ the testator has used. (a) A, by his Will,[bequeaths 1,000 rupees to his eldest son, or to his yoangest grandchild, ] or to his cousin Mary.[A Court may lliake inquiry in order to ascertain to what person the description ] in the Will applies. ( b )[A, by his Will, leaves to ][B ][" ][his estate called Black Acre." ][It ][may be necessary to take ] evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (c) A, by his Will, leaves to B " the estate which he purchased of C." I t may be necessary to take evidence in order to ascertain what estate the testator purchased of C. $3.[Where the words used in the Will to designate or describe ][a ][lega- ] ~ ~ i s n o m e r or rnisdetee, or a class of legatees, sufficiently show what is meant, of object. an error in the name or description shall not prevent the legacy from taking effect. `[h ]`[mistake ][in the ][name ][of ][a ][legatee ][may ][be cor- ] rected by a description of hi111, and a mistake in the description of a legatee may be corrected by the name. (a) [A ][bequeaths ][a ][legacy ][" ][to Thomas, the second son of his brother John." ] The testator llas an an only brother, named Johu, who has no son named Thomas, but has a second so11 mhose name is Willizru. T\'illiain shall have the legacy. The testator llas an an (b) A bequeaQls a legacy to Thonlas, the sccoud son of 11;s brotller John." Tlie t,estntor has an only !~:.vl!lcl. nn~ncd Jol~n, \vllose firsl ~ ' J I Z is nz~ncd Th~)i)~ns, a11!1 ' i ~ b ~ s e s ~ u l l d dill1 is 11ail1ed Ii'il:i>u~i. !I'hornas >.'I1;!11 h:i\,c the Icgacy. (?.) . 'rlit ACT No. X ou 1865. `89` (c) The testator bequeaths his property "to A and B, the legitimate cliildren of C." C has no legitimate child, but has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate. (d)[Tlie testator giveshis residuary estate to be divided among 'Lhis seven children," and ~roceeding ] to enumerate them, mentions six names only. This omission shall not prevent the seventh child from taking a share with the others. (e) The testator having six grandchiIdren, makes a bequest to "his six grandchildren," and proceeding to mention them by their Christian names, mentioils one twice over, omitting another altogether. The whose name is not ~nentioned shall take a share with the others. `(f)` The testator bequeaths `"` 1,000 rupees to each of the three children of A." At the date of tlie Will, A has four children. Each of these four children shall, if he survives the testator, receive a legacy of 1,000 rupees. 64. ' 13'here ally word material to t,he full expression of the mean\Vhell words maybe ing has been omitted, it may be supplied by the supplied. context. The testator gives a legacy of " five hundred" to his daughter A, and a legacy of" Gve hundred rupees" to his daughter B. A shall take a legacy of five hundred rupees. 65. If[tlle thing ][which ][the testator intended to bequeath can ][be ][suffi- ] ciently identified from the description of it given in the Rejection of erroneous particulars in deWill, b ~ l t some parts of the ctescription do not apply, such scri~tion of subject. parts of ths descriptioil shall be rejected as erroneous, and the bequest shall take effect. ((1) A bequeaths to B his marsh lailds lying in L, and in the occupation of X." The testator had 111arsh lands lying in L, but had no nlarsh lands in the occupation of `S.` The words " in the occupation of X" shall be rejected ns erroneous, and the marsh lands of the testator lying in L shall pass by the beqncst. ( b )[Thc testator bequeaths to ] [A. ] `[L' ]`[his zamindkri of Rampore." ] 11c had an estate at Rampore, `lu?` it l:.as n :nlilli tirid not 21 zamiudriri. Tile taluk passes by thiz bcqucst, `66.` ' `5"'` I `C:` ACT No. X OF 1865. 66, If the Will mentions several c~~cumstances as descriptive of the thing which the testator intends to bequeatl1, and IVlien part of desc,;Ption ,, n, b, there is any property of his in respect of which all tlrose rejected 3s el-roneous. circumstances exist, the becluest shall be cofisidered as limited' to, such property, and it shall not be lawful to reject any part of the description as erroneous, because the testator had other property t o \rl~icll such part of the description does not apply. &'x2~kLnabion.--In judging whether a case falls within the meaning of this Section, any words which \\*auld be liable to rejection under the sixtyfiftll Sectioil are to be considered as struck out of the Will. (a) [A ][beclueaths t o ][B ]["his lnarsh lands lying in ][L, ][and in theoccupation of ] `[S." ]`[The testator ] Inarsll lands lying in L, some of which mere in the occupation of X, and some not in the occup;ltior, bf `x.`[Tile ][bequest shall be considered as limited to such of the testator's marsh lands .lying in ][L ][as ] >srere in the occnpation of X. (b) A bequeaths to B marsh lands lying in L, ancl in the occupatioll of X, fion~l~rising 1.000 bigltls of lend." The testator had n~arsh lands lying in L, sollle of which were in the occupation of X and some not in the occupation of X. The nleasurement is wholly inapplicable to the m:us]j lnlItls of class, or to the whole taken together. The n~easurcnlcnt shall be cunsidercd as stl.uc!i ollt of the \Vill, ancl such of tlle testator's marsh lands lyiilg in L, as were in the occupahon of `S,` shill1 alone pass by the bequest. J$There thc words of the Will are unainbiguons, but it is found by extrinsic evidence that they admit of appIic a t' ions, one Extrinsic evidence admissible in case of only of -\vhicl~ can 11al.e been intended by the testator, latent ambiguity. extrinsic evidence nlay be taken to show which of these :rpplications ivt~s intended. Ill~rslratio~~s. A Inan Ilnving two cousins of the name of %,Iary, becjueaths a sum of money[t o ] c: lli; cc,,,sill &lay),"[It ][appears that there are two persons, cach nns~vering thc description in ] will, l'lrnt description, therefore, admits of t,w0 applicXtioll:, only one of n'hich can hnve been irltenclcd 1)) ill? (eststoi..[I<\-ic!c:~ce ][i: ][ndl~?isible ][tc, ][sl~o~v ] \vliicll of the ~ J V O applications wns intended. (I/) A> 'ACT No. X `OF` 1865. 97 I = (b)[A, by his l\7ill, leaves to ][B ] his estate called Sultlnpur Khurd." It turns out tl~at lie had twg estates called SultLnpur IChurd. Evidence is adniissible to shorn which estate was intended. ~ $ 4 . - - - Where there is an ambiguity or deficieucy the face 'il , J I U I ~ 111 m o c a UI ,- - ambiguity or as to the intentions of the testator shall be addeficiency. ~xitted. - Ilbcstratio~ls. (a) [A ][inan has an aunt Caroline and n cousin Mary, and has no aunt of the nune of AXary. ] p,y his Will he beqneaths 1,000 rnpees to " his aunt Caroline" and 1,000 rupees to his cousin nfary," and afte~-n~ards bequeaths 2,000 rupees to `l L` his before-mentioned aunt Mary." There is no 1)erson to whom the description given in the Will can apply, ancl evidence is not adn~issible to show who was meant by " his before-mentioned aunt Mary." The bequest is therefore void for uncertainty under the seventy-sixth Section. , leaving a blank for the name of the legatee. ( B ) A bequeaths 1,000 rupees to , Evidei~ce is not admissible to shorn what name tbe testator intended to insert. (c) A bequeaths to `I3` rupees, or `'l` his estate of ." Evidence is not admissible to show what sum or what estate the testator intended to insert. 69,[The meaning of any clause ][in ][a ][Will is to be collected from the ] entire instrument, and all its parts are to be constrded Meaning of any clause to be collected fioni with reference to each other ; and for this purpose a entire \\'ill. Codicil is to be considered as part of the Mrill. Illustratioizs. (a)[Tlle testator gives to ][U ][a specific fund or property at tlie death ][of ] [A, ][and by a subsequent clause ] $ves the whole of his property to A. Thc cKcct of the scveral clauses take11 together is to vest tlie specific: fimd or 1)rol)erty in A for life, and al"tcr llis decease in 13; it appearing fiom the bequest to `I3` that the testator nleant to use in a restricted sense the words in which. he describes what hc givcs to A. (b)[Where. a testator having an estate, one part of which is called Black Acre, bcqueatl~s the whole ] of'l~is estate to A, and in anolher part of' his \\'ill bequcntho Black Acre to `33,` the latter bequest is to be yead as an exceptio~~ out of the lirst, as il" he had said, "I give Ijlacl; Acre to B, and all thc rest of n ~ y . .. ACT No. X OE 1865. 70.[General words may ][be ][understood in ][a ][restricted sense where it ] may be collected from the Will that the testator meant When words lnay be ~~nderstoodin arestrictto use them in a restricted sense ; and words may be undered sense, and when in a sense wider than stood in tt wider sense than that which they usually bear, nsual. where it may be collected from the other words of the TT7ill that t,he testator meant to use them in such wider sense. Rlustratioss. (a) A testator gives to A his farm in the occupation of B," and to C "all his marsh lattcls in L.'-' l'art of the farm in the occupation of B consists of marsh lands in L, and the testator also has other marsh lands in L. The general words, "all his marsh lands in L," are restricted by the gift to A. A takes the whole of the farm in the occupation of B, including that portion of the farm which consists of marsh lands iu L. * (b) The testator (a sailor on ship-board) bequeathed to his mother his gold ring, buttons, aid chest of clothes, and to his friend A (a shipmate) his red box, clasp-knife, and all things not before bequeathed. The testator's share in a house does not pass to A under this bequest. (c) A, by his Will, bequeathed to `I?` all his household furniture, plate, linen, china, books, ],ictures, and all other goods of whatever kind; and afterwards bequeathed to `I3` a specified part of' llis property.[Under the first bequest ][B ][is entitled only to such articles of the testator's as are ] of' the same nature with the articles therein enumerated. ]\'liere a ;lause is cpento two construetions, that which has rolne e ~ is ~to be ~ preferred. 7'1.[Where ] [a ][clause is susceptible of two meanings, ] according to one of which it has some effect, and actcording to the other it can have none, the former is to be preferred. NO part of TTiill to be I ?jetted, if ~.eaqonable c.onstructioll can be put 011 it. 72. No part of a TVill is to be rejected as destitute of nleaning if it is possible to put a reasonable construction upon it. `73,` If the same ~i~orils the same ~i~orils occur `73,` If the same ~i~orils the same ~i~orils occur i n different pasts of the same TYill, they must be talcen to have been used everywl~ere 1 nle1 Ivetaliou of~01'ds lelwzted ,n ctirerent in the same sense, u~lless tl1cl.e r,ppes~.s an intention to l f ~ r t s of \Villa :he con11.a~y. "/ 'J'1lC ACT No. X `OF 1865.` 74,[Theintention of the testator ][is ][not ][to ][be ][set ] effect is to be given to it as far as possible. Illustratio~z. The testator by a Will made on his death-bed bequeathed all llis property to C D for life,and after his decease to a certain hospital. The intention of the test.ator cannot take effect to its full extent, because the its full extent, because the full extent, because the the the gift to C D. The intention of the test.ator cannot take effect to its full extent, because the its full extent, because the full extent, because the the 75.[Where two clauses ][or ][gifts ] in a[?Vill are irre- ] the last sllslll prevail. T11e last of two in- Illustration (a)[The testator by the first clause of his Will leaves his estate of Rkmnagar ] last clause of his Will leaves it L L to B andnot to A." B shall have it. 'L to A," and by the (b)[If ][a man at the commencement of his Will gives his. house to A, and at the close of ][it ][directs that ] his house shall be sold and the proceeds invested for the benefit of B, the latter disposition shall prevail. . Will or bequest void for uncertainty. Illztstratio7z. If a testator sayse'& 1 bequeath goods to A;" or " I bequeath to A;" or " I leave to A all the mentioned in a ~chedkle," and no Scheclule is found; or " I bequeath money,' ' wheat,' oil,' or the like," without saying horn much, this is void. 79.[The ][description contr-~ined in ][a ][?Vill, of property ] Words describing subject refer to ilroper- the subject of gift, shall, u~lless a contrary intention appea;v ty ans\rering that description at testatolJs by the Will, be deemed to,refer t,o and comprise the prod c n ~ b . pcrty answering that description at the death of the