Section 78. TJllless I

78. TJllless I 11 ACT No. X OF `1865.` 94 78.[Unless a contrary intention shall appear by the Will, a bequest ][of ] Power of appointthe estate of the testator shall be construed to illclude any "lent executed gee- property which he may have power to appoint by Will to neral bequest. any object he may think proper, and shall operate as all execution of such power ; and a bequest of property described in a general manner shall be construed to include-any property to which such description may exteud, which he may have power to appoint by Will to any object he may tllinli proper, and shall operate as an execution of such ponler. 9 .[Where property is bequeathed to or for the benefit ][of ][such of cer- ] tain objects as a specified person sllall appoint, or for the Implied gift to the objects of power in benefit of certain objects in such proportions as a specified default of appointment. person shall appoint ; and the Will does not provide for the of no aPpoiatment being made; if the power given by the Will be not the property belongs to all the objects of the power in equal shares. A, by his JVill, bequeaths a fund to his mife for her life, and directs that at her death it shall be divided among his children in sncll proportions as she shall appoint. The widow dies without having lllacle any The fund shdl be divided cqually among the children. 0 .[Where a bequest is made to the ][" ][heirs," or ][" ][right heirs," or ]['' ][rela- ] ~~~~~~t to cc heirs," tions,') Or " llearest relations," or '' family," or " l;indred," or "c.1 of-"~articularl)er- ( l nearest of kin," or " next of kin," of a particlilar person, son xithout qualiljing terms. t~ithout any qualifying terms, and tllc class so designated - forms the direct and iuclependent object of the bequest, the property bequeathed shall be distributed as if it liad belonged to such person, and he had died intestate in respect of it, leaving assets for the payment of his debts independent,ly of 'sucll property. ( a ) [A ][lcavcs llis property ][" ][to his own nearest ][relations." ][Tlle property goes to :hose who would ] I,c eIltitlecl to it if A hnd died intestate, leaving assets for the pqiilent of liisdcbts indepenclently of suclt. ACT No. X `OF` 1865. 05 (b) A bequeaths 10,000 <upees to 13 for his life, and after the death of `U,` to his own right heirs." The legacy after B's death belongs to those who would be entitled to it if it had formed part of A's unbequeathed propert,y, (c) A leaves `his` propcrty to `B` ; but if `D` dies bellre hiuq to B's next of kin : B dies before A ; the property devolves as if it had belonged to B, and he had died intestate, leaving assets for the payment of' his debts independently of sucl~ prop~rt~y. L (d) [A ][leaves 10,000 rupees ][" ][to ] [13 ] [fov ][his ][life, and after ][his ][dcccasc, to the heirs of ][C." ] T h e legacy goes as if it had belonged to C', and he had died intestate, leaving assets for the payment of his debts indepel~del~tly of the legacy. 8%. Where a bequest is made to the " representatives," or "legal representatives," or " personal representatives," or " exeBequest to '&representatives;' ~zc., of a cutom 01- administrators" of a particular porson, and thc particular person. class so designated fosnis tlie direct and independent object of the bequest, the property beqnextll~ed shall be distributed as if it had belonged to sac11 person, and lle had died intestate in respect. of it. A bequest is made to the " legil representatives" of A. A has died intestate and insolvent. B is his administrator. B is entitled to ~eceive the legacy, and shall apply it in the first place to the discharge of such part of A's dcbts as may ren~nin unpaid : if there be any snrplns, `I3` shall pay it to those pcrsons who at A's death woulcl have been entitled to receive any property of A's mhich might remain after paylllent of his debts, or to thc representativbs of such peysons. 82.[Where property is bequeathed to any person, he ][is ][entitled to ][the ] Bequest ~vithout whole interest of the testator therein, unless it appears froill vords of limitnlioil. the IVill that only a restricted interost mas intended for h i m 83. TIrllcre pro~jerty is bequeathed to a persull, with a bequest in the tile alternative to another person or to n class of persons ;--if nat,ive. `n` contrary intelltion does not appear by the Will, tlle legatee first named shall be entitlcd to the legacy, if he be alive at thc time when it takes effect ; but if he bc then (lead, the person or class of llersoos narnecl i u :lie second branch of tlae altcrnatia-c shall take tlle legacy. I112~slrat~Llll~. ACT No. X OF 1865. `9G` IZ1zlstr~tioi.ts. , A survives the testator. B takes i~othiii~. (a)[A ][bequest is made to ] [A ][or to'B. ] ( b ) [A ][bequest is made to ] [A ][or to ] [B. ][A ][dies after the date of the JVill, alld before the testator. ] The legacy goes to B. (c) A bequest is made to A or to B. A is dead at the date of the J?Vill.[The legacy goes to ][B. ] ((I) Property is bequeathed to A or his heirs. A survives the testator. [9 ][takes the prol~erty abso- ] I~ltely. (e) Property is bkqueathed to A or his nearest of kin. A dies iu the lifetime of the testator. Up011 11:e death ofthe testator, the bequest to A's nearest of kin takes effect. Cf) Property is bequeathed to A for life, and after his death to B or 11% heirs. `i\` niid B survive the testator. B dies in `A's` lifetime. Upon A's death the bequest to the heirs of B takes effect. `(g)` Property is bequeathed to A for lifc, and after his death to B or his heirs. B dies iu the testat,or7s lifetime. A survives the testator. Upon A's death the bequest to the heirs of B takes effect. 84.[Where property ] is[bequeathed to ] a[person, ] and[,words ][aye ][added ] which describe a class of persons, but do not denote them Bffcct of words debcribing a cIms added as direct objects of a distinct and independent gift, such I'O a bequest to a person. person is elltitled to the whole interest of the testator the14ein, ullless a contrary intention appears by the Will. (o) A bequest is madeto A and his cliildren, to -\ nlld his children by liis present nife, to A and his Ileirs, to A and t l ~ e heirs of llis body, to `11` noc? the heirs ninlc of his body, to *A' and bile Lei1.s fc~nxlc of his body, to A and his issue, to A nud llis fanlily, to A x ~ ~ d liis clescentlanta, `LO` A and h i reprcsentntivcs, to `il` n11d 11isl)crsonxl ~cprcscntnti~es. to A, his executors aud ad~ni~listratol.~. 1:; ,:;,:li ijf tlicic mists: ;'\ tn1;e.s t!lc 1~11olc ir~tcrcst \rllicll t . 1 ~ ~ tcslaior Ilad ill `[lrt,` l r i l ; > e ~ , l ~ . (") .a c 7 ACT No. X OF 1865. , ( b ) [A ][bequest is made ] to A and his brothers. A and his brothers are jointly entitled to the legracy. (c) * bequest is made to A for life, and after his death to his issue. At the death of A the Property belongs in equal shares to all persons who shall then answer the description of issue of A. 85, Where a bequest is rna.de to a class of persons under a general descriptioii only, 110 one to who~n the words of the Bequest to a class of r)ersons under a general description are not in their ordinary sense applicable description only. shall take the legacy.