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ARRANGEMENT OF SECTIONS.
Law regulating succession to deceased person's immoveable and moveable
property, respectively One domicile only affects succession to moveables Domicile of origin of person of legitimate birth. Domicile of origin of illegitimate child Continuance of domicile of origin Acquisition of new domicile Special mode of acquiring domicile in British India Ambassadors and Consuls . Continuance of new domicile Minor's domicile Domicile acquired by woman on marriage Wife's domicile during marriage Except in cases stated, minor cannot acquire new domicile Lunatic's acquisition of new domicile Succession to moveable property in British India, in absence of proof of
13 14 15 16 17 18
Kindred or consanguinity
As to what property deceased is considered to have died intestate
Where intestate has left widow and lineal descendants, or widow and
kindred only, or widow and no kindred Where intestate has left no widow, and where he has left no kindred
OF THE DISTRIBUTION OF AN INTESTATE'S PROPERTY.
(a) Where he has left lineal Descendants. Rules of distribution
29 Where intestate has left child or children only
30 Where intestate has left no child, but grandchild or grandchildren 31 Where intestate has left only great-grandchildren or lineal descendants in remoter degree
32 Where intestate leaves lineal descendants not in same degree, and those through whom more remote descend are dead .
33 (b) Where the intestate has left no lineal Descendants. Where intestate has left no lineal descendants
34 Where intestate's father is living
35 Where intestate's father is dead, but his mother, brothers and sisters are
living Where intestate's father is dead, and his mother, a brother or sister, and children of any deceased brother or sister are living.
37 Where intestate's father is dead, and his mother and the children of any deceased brother or sister are living .
38 Where intestate's father is dead, but his mother is living and there is no brother nor sister nor nephew. .
39 Where intestate has left neither lineal descendant nor father nor mother. 40 Where intestate has left neither lineal descendant, nor parent, nor brother
nor sister. Children's advancements not to be brought into hotchpot .
OF THE EFFECT OF MARRIAGE AND MARRIAGE SETTLEMENTS
Rights of widower and widow respectively
quired by marriage between a person domiciled and person not
domiciled in British India . Settlement of minor's property in contemplation of marriage
OF WILLS AND CODICILS.
Persons capable of making Wills
OF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL
Effect of gift to attesting witness
wholly revoked .
56 ib. 57 58 59 60
OF THE CONSTRUCTION OF WILLS.
63 64 65
Wording of Will
62 Enquiries to determine questions as to object or subject of Will Misnomer or misdescription of object When words may be supplied Rejection of erroneous particulars in description of subject
66 When part of description may not be rejected as erroneous Extrinsic evidence admissible in case of latent ambiguity . Extrinsic evidence inadmissible in cases of patent ambiguity or deficiency 68 Meaning of any clause to be collected from entire Will.
69 When words may be understood in a restricted sense, and when in a sense wider than usual
70 Where a clause open to two constructions
71 No part of Will to be rejected, if capable of reasonable construction . 72
Interpretation of words repeated in different parts of Will
75 Will or bequest void for uncertainty
76 Words describing subject refer to property answering that description at testator's death .
77 Power of appointment executed by general bequest.
78 Implied gift to the objects of power in default of appointment .
79 Bequest to‘heirs' &c. of particular person without qualifying terms 80 Bequest to ‘representatives' &c. of particular person
81 Bequest without words of limitation .
82 Bequest in alternative
83 Effect of words describing class added to bequest to person
84 Bequest to class under a general description only
85 Construction of terms Words expressing relationship denote only legitimate relatives, or failing such, relatives reputed legitimate
87 Construction where Will purports to make two bequests to same person
88 Constitution of residuary legatee
89 Property to which residuary legatee entitled
go Time of vesting of legacy in general terms When legacy lapses.
92 No lapse if one of two joint legatees die before testator
93 Effect, in such case, of words showing intention that shares should be distinct 94 When lapsed share goes as undisposed of .
95 When bequest to testator's child or lineal descendant does not lapse on
his death in testator's lifetime. Bequest to A for benefit of B does not lapse by A's death in testator's
lifetime Survivorship in case of bequest to described class
OF VOID BEQUESTS. Bequest to person by particular description, who does not exist at testator's death
99 Bequest to person not existing at testator's death, subject to prior bequest 100 Rule against perpetuity Bequest to a class, of which some may come under rules in Sections 100
and 101 Bequest to take effect on failure of bequest void under Sections 100, 101
. 103 Effect of direction for accumulation.
104 Bequest to religious or charitable uses
OF THE VESTING OF LEGACIES.
Date of vesting when legacy is contingent upon specified uncertain event. 107 Vesting of interest in bequest to such members of class as attain a
OF ONEROUS BEQUESTS. Onerous bequest One of two separate and independent bequests to same person may be
accepted, and the other refused .
OF CONTINGENT BEQUESTS. Bequest contingent upon specified uncertain event, no time being men
tioned for its occurrence Bequest to such of certain persons as shall be surviving at some period
OF CONDITIONAL BEQUESTS.
Bequest upon impossible condition
113 Bequest opon illegal or immoral condition
114 Fulfilment of condition precedent to vesting of legacy
115 Bequest to A and, on failure of prior bequest, to B
116 Second bequest intended to take effect only where first fails in particular
117 Bequest over, conditional upon happening or not happening of specified uncertain event
118 Condition must be strictly fulfilled
· 119 Original bequest not affected by invalidity of second . Request conditioned that it shall cease to have effect in case specified
uncertain event shall happen or not happen
for which no time is specified and on non-performance of which the
123 Performance of condition, precedent or subsequent, within specified time 124 Further time allowed in case of fraud
OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR
Direction that funds be employed in particular manner following absolute
bequest of same to or for benefit of any person :