Section 8. 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. (d) [A, ][whosc domicile is in Englancl, goes ][to ][reside in British 111clia. ][fl~r ][the purpose of \vinc1ing'~ul, ] tllc atl,livs of' n partne~sl~ip whicli 11ns been clissolvctl, and with the intention of returning to IScglan([ as sooil as that p~lrposc is accomplished. Ilc doe? not by, such rcsi<lcnae acquire a t1o:liicile in ~ritisliIndia, howe\.cl. long the resiclcnce may last. ( c ) [A, ][l~avin? gone to ~csidc ill I3riiis11 11idin illldcr tile circumstw~ces mc;itioncd in the ][1...5t ][p r c c e d i l ~ ~ ] j:lu~tratio,i, nftcl~war~ls alters his iiitentioil, ancl tal~es 11is fixed habiiatio~l in-13i.itieh 11,di.l. `il` h:~. :,,.>,;:ti:<:rj.a <]ol~:iciIc i:: 1;:;it.isl: II:C!~;I.. (.I.) .; I Y ~ , ~ : ~ s ~ 11 7 0 ACT No. X OF 1865. (f) A, whose domicile is in the French Settlement of Chandetnagore, is compelled by political events to take refuge in Calcutta, and resides in Calwtta for many years in the hope of such political changes as may enable him to retdru with safety to Chandernagore. H e does not by such residence acquire a domicile iu British India. `(g)` A, having come to Calcutta under the circumstaqbes stated in the last preceding illustration, continues to reside there after such political chatlges have occurredas would enable him to return with safety to Chandernagore, and he intends that his residence in Calcutta shall be permanent. A has acquired a domicile in ~ r i t i s h India. `11.` Any person may acquire a domicile in British India - by making and depositing in some Office in British India (to be fixed ~ i e c i a l mode of acqulrlng domicile in by the Local Government), a declaration in writing under British India. his hand of his desire to acquire sucll, domicile, provided that he shall have been resident in British India for one year immediately preceding the time of his making such declaration. 22.[9 ][person who is appointed ][by ][the Government of one country to ] Domicilenotacquired be its ambassador, consul or other representative in another by try residence in a coun- lnaely as the recountry, does not acquire a domicile in the latter country presentative Government, of or a by foreign resiby reason only of residing there in pursuance of his dence with him as part appointment ; nor does 'any other person acquire such of his family or as a servant. domicile by reason only of residing with hirn as part of his family or as a servant. `13.` A new domicile continues until the former domicile has been resumed, or another has been acquired. Continuance of eew domicile. Minor's domicile. 14.[The domicile of a minor follows the domicile ][of ] the parent from whom he derived his domicile of origin. 2?zception.-The domicile of a minor does not change with that of his parent, if the minor is married or holds auy office or employniellt in the service of Her >Ia,jesty, or has set up, mitla the consent of the parent, in any distir~ct bueiness. `15,` By .:j `e` 7 7 ACT KO. X OF 1865. 15.[By ][marriage ][a ][moman acquires the domicile ][of ] her husband, if she ]lad not the same domicile before. Domicile acquil:ed by ar70man onmarrlage- `16.`[The ][wife's. domicile ][during ][the marriage fvllo~s ] the domicile of her husband. Wife's. clonxicile cluring marriage. , Exception.-The wife's domicile no longer follows that of her h~~sbsnd if they be separated by the sentence of a bornp:feut Court, or if the hisband is undergoing a sentence of transport a t' Ion. . Except `in` the cases above provided for, a person cannot during minority acquire a new domicile. Escept incasesstated, minor cannot acquire a new donlicile. `18;`[An ][insane person callnot acquire ][a ][new ][rlomicile ] in ally other way than by his domicile follo~vilig the domicile of ailother person. Lunatic's acquisition of new doillicile 19. If a nlail dies leasing moveable in British India; in the absence of proof of any domicile else\vl~ere, successioll to the property is regulated by the law of British India. Succession to `ii` per- son'smoveableproperty 131'itish1nc1in1 in absence of proof of his tlomicile elsewhere. ==> picture [64 x 18] intentionally omitted <== 0 `f` Consz~gui~ziiy. 20. Kindred or consa~lguillity is tlis c011nexiol.~ or relation of persons descended f1.0111 the same stocli or c~urnon ancest,or. `2P.`[Ilineal ][coasaaguinity ][is ][that which snbsists between two persons, ] one of whom is descended in x direct line from the ot.llel-, Lineal consanguinity. as between a mail and his father, grandfather, anct scending line ; OY betweell :!, n:m, his son, grandson, great.grandsoil, :iliii SO C ~ O I V ~ I W R ~ ~ S iil the :lirect clcscending line. l:!\:ery geucl.niiilll const.itutca a dcg~:ea: eit1ic.r ascondin;; ascending or descendiug. A man's father is related to him in the first degree, atid so lilrewise is his son ; his grandfather and grandson in the second degree ; liis grea.t-grandfather and great-grandson in the third. Collateral consangui- 22. Collateral consanguinity is that which subsists nity. between two personsgho are descended from the same stock or ancestor, but neither 3f ~vhorn is descended in a direct line from the other. For the purpose of ascertaining in what degree oE kindred any collateral relative stands to a person deceased, it is proper to reckon upwards from the person deceased to the comnlon stock, and then downwards to the collateral relative, allowing a degree for each person, both ascending and descer~ding. `23,` For :lie purpose of succession, there is no distinctio~ between Persallsheld furpul.- those w l ~ v are related to a person deceased through his pose of successioi~ t o be similarly related to the father and those who are related to him tlirougll llis deceased. ulother; nor between those who are related to him by the full blood, and those who are related to llim by tLe half blood ; nor I,etween those ~vilo were actually born in llis lifetime, and those who a t the (late of 11is deatlt mere otilg conceived in the womb, but who have been subsequently born alive. 3Iode of compllting 24, I n the annexed table of kindred the degrees degrees of'liindred. are C O I I ~ ~ U I ~ L ~ as far as the sixth, and are marked by numeral figures. The person whose relatives are to be reckoned, and his cousin-german, or fil.si, cousin, are, as shorn11 in the table, related in the fourth degree ; there being one depee of asceut to the fatliel., and anotllcr totlie common ancestor the gr;lncif~thsr ; and from l~itll one of desceilt t u the uncle, aud another to tllc cousin~gsi~ma~~ ; n~aliing in all four degrees. A gr:~nds~~i of tlie brother ancl a son of the uncle, `i.` e., a great-nephew arlrl a cousin-gerolat~, are in qua1 degree, being each fuur clegrees I emoved. Srandr,on uf n consill-gcriuan is ill the canir: degree as the grantlsolz cj s 2yc;it-uucle, for il:e~ : 1 1 ~ \1:,:1i in the sisth dlqrce of I;indi.cd. `TJ.` EJAK 73 TABLE OF CONSANGUINITY. \ ACT No. X OF 1865.