Repealed or not in force · As amended up to 2026-08
86. The word " children" in a Will applies only to lineal desConstruction of terms. cendants in the first degree ; the word " grandchildren." applies only to lineal descendants in the second degree of the person whose " children," or " grandchildren, ' are spoken of; the \vords " nephews" and '' nieces" apply only to children of brothers or sisters ; the words - " cousins" or " first cousins," or " cousins-german" apply only to children of brothers or of sisters of the fathkr or mother of the person wl~ose " cousins," or " first cousins," or " cousins-german," are spoken of; the words first Cousins once removed7' apply only to children of cousinsgerrnan, or to cousins-german of a parent, of the person whose " first cousins once removed" are spoken of; the words " secoild cousinsJ' apply only to grandchildren of brothers or of sisters of the grandfather or grandmother of the person whose ( 6 second cousins" are spoken of; fhe words " issue" and '' descendants" apply to all lineal descenclauts ~vllatever of the person whose " issue" or " descendants" are spoken of. Words expressive of collateral relationship apply alike to relatives of full alld of half blood* All ~vords expressive of relationship apply to a child in the woinls ~vho is afterwards born alive.
87.[In the absence of any iiltiruatior~ to the contrary in the Will, the ] term " child," " son, or , , " daughter," or any word which T-170rds expressing rel:lbi(!nahip denote only expresses relationship, is to be understood as denoting lcgitimntc relatives, or fkiling such, rclativ~s only n legitimate relative, or where there is .no such reputed legitimate. legitimate relative, a pelGson who lias acquired, at the date of the Will, the reputation of being such relative.
Illuslralions. Z .
ACT KO. X `OF` 1865.
(a)[A, ][having three children, ][B, ][C, ][and ][D, ][of who111 ][B ][and ][C ][are legitimate ][and ][D ][is illegitimate, ] leaves his property to be equally divided among ",his children." The property belongs to B and C in equal shares, to the exclusion of D.
( B ) A, having a niece of illegitimate birth, who has acquired the reputation of b e i q his niece, and having no legitinlate niece, bequeaths a sum of money to his niece. The illegitimate niece is entitled to the legacy.
(c) A, having in his Will enumerated his chiIdren, and named as one of them B, who is illegitimate, leaves a legahy to '& his said children." `I3` will take a share in the legacy along with the legitimate children.
(d) [A ][leavcs a legacy to the "children of ] [S." ] B is dead, and has left none but illegitimate children. A11 those who had, at the date of the Will, acquired tjle reputahon of being the children of B are objects of the gift.
le) A bequeathed a legacy to "the child& of B." ' B never had any legitimate child. C and n had at the date of the JJTill acquired the reputation of being children of B. After the date of the Will, ;~nd before the death of the testator, E and F were born, and acquired the reputatioll ~f being ckildren of' 13. Only C and D are objecls of the bequest.
`df)`[A ][makes a bequest in favour of llk child by a certain woman, not his wife. ][B ][had acquired ][at ] the datc of the Will the reputation of being the child of A by the woman designated. R takes the legacy.
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(g) [A ][makes a bequest in favonr of his child to ][be ][born of a woman, who never becomcs his wife, ] The bequest is void.
(h) [A ][makes a bequest in favour of the child OF ,x)lich a certain wolllnn, not married to hinq is preg- ] nant. The bequest is xalid.
88, M71iere a VTill pul-ports to make two bequests to tlle same person, E u l ~ ~ of con~ti~~lction[and ][a ][question arises ][whether ][the ][testator intended ][to ] a n'ill 17m~orts ma1;c tllc sccond becluest iu~tcad of 01% in addition to tho c o n~akc twu beclueslb i o the talne person. first ; if there is notl~ing in the \lTill to show ~vhnt he in-
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tended, the following rules shall, prevail in determining the construction to be put upon the TTTill :-
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First.-If the same specific thing is bequeathed twice to the same legatee in the same Will, or in the Will and again in a Codicil, he is entitled to receive that specific thing only.
Se~ond.-%~here oils and the same Will or one and the same Codicil purports to malce in two places a bequest to the same person of the same quantity or amount of snythisg, lie shall be entitled to one such legacy only.
Third,-Where two legacies of unequal amount are given to the same person in the same Will, or in the same Codicil, the legatee is entitled to both.
Fo~rih.--%~here two legacies, whether equal or unequal in amount, are given to the same legatee, one by a Will and the other by a Codicil, or each by `A` different Codicil, the legatee is entitled to both legacies.
Explwzation.-In the four last rules, the word Will does not include a Codicil.
(a)[A Ilnving ten shares, and no more, in the Bank of Bengal, made his Will, wliich contains near its ] colnmencement the words " I bequeath my tell shares in the Bank of Bengal to B." After other bequests, thi: \17ill concludes with the words fi and I bequeath my ten shares in the Bank of Bengal to 13." B is entitled simply to receive A's ten shares in the Bank of Bengal.
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( h )[A ][l~aving one diamond ring, ~vliicl? was ,Given him by B, bequeathed t.0 ][C ][the diamond ring illich ] was give11 him by 13. . A afterwards made a Codicil to his Will, and thereby, after giving -other legacies, 11e bequeathed to C the diamond ring which was given hill1 by B. C car1 claiiil notl~iug except the diamond ring which was given to `9` by `l3.`
( c ) A, by his IVill, beclucatl~s to B the sum of 5,000 rupees, and af~erxartls, in the 2ame Will, yepeats the bequest in t,he same words. `I3` is cntitled to one legacy of 5,000 rupees only.
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ACT No. .X `06` 1865.
(d) [A, ][by his Will, bequeaths to ][B ][the sum of 5,000 rupees, and afterwards, by the same Will, be- ] queaths to B the sum of 6,000 rupees. B is entitled to 11,000 rupees.
(e) [A, ][by his Will, bequeaths to ][B ][5,000 rupees, and by a Codi@il to the Will he bequeaths to him ] 5,000 rupees. B is entitled to receive 10,000 rupees.
`(f)` [A, ][by one Codicil to his IVill, bequeaths to ] [R ][5,000 rupees, and by another Codicil, bequeaths ] to him 6,000 rupees. B is entitled to receive 11,000 rupees.
( g ) A, by his Will, bequeaths 500 rupees to B because she mas his nurse," and in another part of the Will bequeaths 500 rupees to R "because she went to England with Irisrchildren!' B is entitled to receive 1,000 rupees.
( h ) A, by his Will, bequeaths to B the sum of 5,000 rupees, and also, in another part of the \Till, an annuity of 400 rupees. B is entitled to both legacies.
(i) [A, ][by his Will, bequeaths to ][B ][the sum of 5,000 rupees, and also bequeaths to him the sum of ] 5,000 rupees if he shall attain the age of 18. B is entitled absolutely to one sum of 5,000 rupees, and takes a contingent interest in another s111n of 5,000 rupees.
$9. [-4 ][residuary legatee ][may ][be ][constituted ][by ][any ][words that show ][an ] Constitution of reintention on the part of the testator that the person clesiduoy legatee. signated shall take the sul.plus or residue of his property.
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(a)[A ][makes her \4'ill. consisting of several testamentary papers, in one of which are contained tlie ] following words :-" I think there will be something left, after all funeral expenses, kc., to give to 13. 110,~ at school, towards equipping hill; to any profession lie may hereafter be appointed to." B is constituted residuary legatee.
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( b )[A ][11lalics 11is \$'ill, with the following passage nh the end of it ][:-" ][I ][believe there will Le found ] ~uficient in my 1)anl;er's I~auds to defiay and discharge my debts, which I IlereLl desire 13 to do, a ~ l d keep tbc residue for he1 own usc and pleasure." `13` is constituted Lhe residuary lepntcc.
(c) A bcclueatlis all llis 1)rol)erty to U, except certain stocks and funds, which he bequeaths to C. 13 is the residuary legatce.
Source: India Code