Section 90. U~~cler

90. U~~cler ACT No. X OF 1865. 101 90. Tinder a residuary bequest,, the legatee is entitled to all property Property to which a[belonging ][to ][the testator at the time ][of ][his death, of ] 1.esidua1.y legatee is enwhich he has not made any other testamentary disposititled. tion which is capable of taking effect. Illustration. A by his Will bequeaths certain legacies, one of which is void under the hundred and fifth Section and another lapses by the death of the legatee. He bequeaths the residue of his property to B. After the date of his Will, A purchases a zamind&+, which belongs to him at the time of his death. B is entitled to the two legacies and the zamindCri as part of the residue. 91. If a legacy be given in general terms, without specifying the time Time of yesting of when it is to be paid, the legatee has a vested interest in legacy in general terns. it from the day of the death of the testator, and,if he dies without having received it, it shall pass to his representatives. 92.[If the legatee does not survive the testator, the legacy cannot take ] `~n` what case a legacy effect, but shall lapse aad form part of the residue of the lapses. testator's property, unless it appear by the Will that the testator intended that it should go to some other person. In order .to entitle the representatives of the legatee to receive thGlegacy, it must be proved that he survived the testator. (a)[The testator bequeatl~s to ] [A ] 500 rupees which B owes him." B dies before the testator i tlle legacy lapses. (b) [A ][bequest is made to ] [A ][and his children. ] [A ][dies before the testator or happens to ][be ] [dead ][when ] the Will is made.* The legacy to A and his children lapses. (c)[A legacy is given to ] [A, ][and in case of his dying before the testator, to ][B. ] [A ][dies ][before ihe ] testator. The legacy goes to B. ( d ) [A ][sum of money is bequeathed to A for life, and after his death to ][B. ][A dies in'the lifetiule of ] the testator ; B survives the testator. The bequest to 13 takes effect. (el A `x` . \. I ! i 5' >> 1 a 3 `10` 2 ACT No.' X op 1865. ( c ) A sum of money is bequeathed to A on his completing his eigliteeuth year;and in case he should die before he completes his eighteenth year, to B. [A ][completes his eighteenth year, and dies in the life- ] time of the testator. The legacy to A lapses, and the bequest to B does not take effect. There is no evidence to show `(f)`[The,testator and the legatee perished in the same shipwreck. ] which died first. The legacy will lapse. A legacy does -not 93.[If a legacy be given to two persons jointly, ][and ] lapse if twojoint one of them die before the testator, the other legatee takes legatees die before the testator. the whole. Illustration. The legacy is Gmply to A and B. A dies before the testator. B takes the legacy. , `4 .` But where a legacy is given to legatees in words which show that Effect in such a case, the testator intended to give them distinct shares of it, of words showing test5en if any legatee die before the testator, so much of tator's intention that the shares should be the legacy as was intended for him shall fall into the resi'. distinct. due of the testator's property. ==> picture [69 x 31] intentionally omitted <== A sulll of money is bequeathed to A, B, and C, to be equally divided among thein. A dies 'before the testator. B and C shall only take so much as they mould have had i? A had survived the testator. 95.[Where the share that lapses is ][a ][part of the general residue be- ] ,vhen lapsed share[queathed ][by ][the ][Will, ][that share shall go as undisposed ] goes as undisposed of. Of. ==> picture [46 x 11] intentionally omitted <== Tlie testator bequeaths the residue of his estate to A, B, and C, to be equally divided between them. dies before the testator. His one-third of tlie residue goes as undisposed of. `1` 96. Where i 1 1 'AC,T No. X o~..18G5. . 96. Where A bequest shall have been made to any child or other lineal lirhen a bequest to descendant .of the testator, and the legatee shall die i n the testator's descendant does not Or lineal lifetime of the testator, but any lineal 'descendant of his la1~se his death in shall survive the testator, the bequest shall not lapse, but testator's lifetime. shall take effect as if the death of the legatee had happene,d imnledi+tely after the death of the testator, unless a contrary intention shall appear by the Will. A makes his Will, by which he bequeaths a sunl of money to his son B for his own absolute use and benefit. B dies before A, leaving a son who survives A, and having made his Will whereby he bequeaths all his piwperty to his widow L). The money goes to D. Bequest to A for the benefit not lapse by A's death in testator's lifetime. $37. Where a bequest is made to one person for the benefit of another, the legacy doe# not, lapse by the death, in the- testator's lifetime, of the person to whom the bequest is made. 98. Wherc,[a ] bcquest is made simply to a described Sllrvivnmhip in saw ofbequesttoadescribed class of persons, the thing bequeathed shall go only to class. such `aa` hall be alivc at thc tostator's death, Ezception.-If property is bequeathed to a class of persons described as standing in a particula% degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise, the property shall at that time go to.such of them as shall be then alive, and to ths representatives of any of them who have died since the death of the testator. * J (a)[A bequeaths ] `[1,000 ]`[rupees to ] `['L ]` the children of B" withont; saying when it is to be distributed among them. B had died previous to the date of the Will, leaving three children, C, D, and E.[E ][died ] after the date of the Will, but before the death of A. C an8 D survive A. The legacy shall belong to C and D, to the exclusion of the representatives of E. ( b ) A ACT N.o. X `OF` 1865. (b) -4 bequeaths a legacy to the children of B. At the time of the testatofti death, B has no children. The bequest is void. (c) [A ][lease for years of a house was bequeathed to A for his life, and after his decease to the ] children of B. At the death of the testator, B had two children living, C and D ; and he never had any other child. Afterwards, during the lifetime of A, C died. leaving E bis executor. D has survived A. D and E are jointly entitled to so much of the leasehold term as remains unexpired. (d)[A sum of "money was bequeathed to A for her life, and after her decease to the children ] of `B.` At the death of the 'testato', B had two children living, C and D, and after that ev'ent, two children, `I3` and `I?,` were born to B. C and E died in the lifetime of A, C having made a Will, E having made no Will. A has died, leaving D and F survivi~lg her. The legacy is to be divided into four equal parts, one of which is to be paid to the executor of C, one to D, oue to the administrator of E, and one to F. (e)[A bequeaths one-third of his lands to ][B ][for ] `[hi ]`[life, and after his decease to the sisters of ][B, ] At the death of the testator, B had two siste~.s living, C and D, and after that event another sister E was horn. C died during the life of B ; D and E have survived `13.`[One-third ] dB's[lands belonss ] to D, E, and the representatives of C, in equal shares. `(f` )[A bequeaths 1,000 rupees to B for Iife, and afier his death equally amung the children of ] C. Up to the death of B, C had not had any child. The bequest after the death of B is void. ' (g)[A bequeaths 1,000 rupees to "all the children born or to be horn" of B, to be divided ] among tfiem at the death of C. At the death of the testator, B has two chiIdren living, D and E- Afier the death of the testator, but in the lifetime of C, two other children, F and `G,` are born to B. After the death of C, another child is born to B. The legacy belongs to D, E, `I?,` and G, to the exclusi-on of the after-born child of 13. (11) A bequeaths a fund to the children of B, to `be` divided among them when the eldest shall attain majority. At the testator's death, B l a d one child living, named C. He afterwards had two other children, named D and E.[E died, but C and ][D ][were living when ][C ][attained majority. ] The fund belongs to C, D and the representatives of E, to the exclasion of any child who may be born to B after C's attaining majovity.