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SECTION

Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee

126 Bequest of fund for certain purposes, some of which cannot be fulfilled

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PART XVIII.

OF BEQUESTS TO AN EXECUTOR. Legatee named as executor cannot take unless he shows intention to act as executor

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PART XIX.

OF SPECIFIC LEGACIES.

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Specific legacy defined

129 Bequest of sum certain where stocks &c. in which it is invested are described

. 130 Bequest of stock where testator had at date of Will equal or greater amount of stock of same kind

131 Bequest of money where it is not to be paid until some part of testator's property has been disposed of in certain way

. 132 When enumerated articles are not to be deemed to be specifically bequeathed

133 Retention in form of specific bequest to several persons in succession 134 Sale and investment of proceeds of property bequeathed to two or more persons in succession

135 Where deficiency of assets to pay legacies, specific legacy not liable to

abate with general legacies

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136

PART XX.

OF DEMONSTRATIVE LEGACIES.

Demonstrative legacy defined .

137 Order of payment when legacy is directed to be paid out of fund subject

of specific legacy

138

PART XXI.

OF ADEMPTION OF LEGACIES.

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Ademption explained

139 Non-ademption of demonstrative legacy

140 Ademption of specific bequest of right to receive something from third party

141 Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed

142 Ademption pro tanto by testator's receipt of portion of entire fund of which a portion has been specifically bequeathed

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Order of payment where portion of fund is specifically bequeathed to one

legatee, and legacy charged on same fund to another, and testator having received portion of that fund, remainder is insufficient

144 Ademption where stock, specifically bequeathed, does not exist at testator's death

145 Ademption pro tanto where stock, specifically bequeathed, exists in part

only at testator's death Non-ademption of specific bequest of goods described as connected with certain place by reason of removal

147 When removal of thing bequeathed does not constitute ademption 148 When thing bequeathed is to be received by testator from a third person ; and testator himself, or his representative, receives it

149 Change by operation of law of subject of specific bequest between date of Will and testator's death.

150 Change of subject without testator's knowledge

151 Stock specifically bequeathed, lent to third party on condition that it shall be replaced

152 Stock specifically bequeathed, sold but replaced and belonging to testator at his death

· 153

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PART XXII.

OF THE PAYMENT OF LIABILITIES IN RESPECT OF A SUBJECT

OF A BEQUEST.

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Non-liability of executor to exonerate specific legatees

154 Completion of testator's title to things bequeathed to be at cost of his estate

. 155 Exoneration of legatee's immoveable property for which land revenue or rent is payable periodically

· 156 Exoneration of specific legatee's stock in a Joint Stock Company

157

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PART XXIII.

OF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS. Bequest of thing described in general terms

158

PART XXIV.

OF BEQUESTS OF THE INTEREST OR PRODUCE OF A FUND. Bequest of interest or produce of fund

· 159

PART XXV.

OF BEQUESTS OF ANNUITIES. Annuity created by Will is payable for life only, unless contrary intention

appears by Will

165

SECTION

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Period of vesting where Will directs that annuity be provided out of

property, or money bequeathed to buy annuity. Abatement of annuity Priority of annuitant to residuary legatee

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167 168 169 170 171

Circumstances in which election takes place
Devolution of interest relinquished by the owner
Testator's belief as to ownership immaterial
Bequest for man's benefit how regarded for purpose of election
Person deriving benefit indirectly not put to his election.
Person taking under Will in his individual capacity, may in another cha-

racter elect to take in opposition to it
When acceptance of benefit given by Will constitutes election to take

under Will
Presumption arising from enjoyment by legatee for two years
Confirmation of bequest by act of legatee
When testator's representatives may call upon legatee to elect
Postponement of election in case of disability .

172

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173 174 175 176 177

PART XXVIII.

OF GIFTS IN CONTEMPLATION OF DEATH.

178 ib.

Property transferable by gift made in contemplation of death .
When gift is said to be made in contemplation of death .
Such gift resumable
When it fails.

ib.

PART XXIX.

OF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION.

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Character and property of executor or administrator as such

179 Administration with copy annexed of authenticated copy of Will proved

abroad Probate to be granted to executor appointed by Will

181 Appointment express or implied Persons to whom probate cannot be granted :

183 Grant of probate to several executors simultaneously or at different times 184

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191

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SECTION Separate probate of Codicil discovered after grant of probate .

185 Procedure when different executors are appointed by Codicil

ib. Accrual of representation to surviving executor

186 No right as executor or legatee, unless probate or letters of administration has been granted

187 Probate establishes Will from testator's death

188 Persons to whom letters of administration may not be granted

189 No right to intestate's property can be established, unless administration

previously granted . From what period letters of administration entitle administrator to in

testate's rights Acts of administrator not validated by letters of administration

192 Grant of administration where executor has not renounced

193 Form and effect of renunciation of executorship

194 Procedure where executor renounces or fails to accept within time linnited

195 Grant of administration to universal or residuary legatee

196 Right to administration of representative of deceased residuary legatee 197 Grant of administration when no executor, nor residuary legatee, nor

representative of such legatee . Citation before grant of administration to any legatee other than universal or residuary :

199 Order in which connections entitled to administration Administration to be granted to widow unless Court see cause

exclude her Persons associated with widow in administration Grant of administration where no widow, or widow excluded

203 Proviso.

ib. Deceased's kindred of equal degree, equally entitled to administration 204 Right of widower to administration of wife's estate

205 Grant of administration to creditor .

206 Where deceased has left property in British India, administration to be granted according to foregoing rules

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6) GRANTS FOR THE USE AND BENEFIT OF OTHERS HAVING RIGHT. Administration, with Will annexed, to attorney of absent executor. Admninistration, with Will annexed, to attorney of absent person, who, if present, would be entitled to administer .

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Administration to attorney of absent person entitled to administer in case of intestacy

214 Administration during minority

215 Administration until one of several minor executors or residuary legatees attains majority

216 Administration for use and benefit of lunatic jus habens .

217 Administration pendente lite .

218 (c) FOR SPECIAL PURPOSES. Probate limited to purpose specified in Will.

319 Administration with Will annexed limited to particular purpose Administration limited to property in which person has beneficial

interest Administration limited to suit Administration limited to purpose of becoming party to suit to be brought against administrator .

233 Administration limited to collection and preservation of deceased's property :

224 Appointment as administrator, of person other than he who under ordinary circumstances would be entitled to administration

225 (d) GRANTS WITH EXCEPTION. Probate or administration with the Will annexed, subject to exception . 236 Administration with exception

327 (e) GRANTS OF THE REST. Probate or administration of the rest

228 (1) GRANTS OF EFFECTS UNADMINISTERED. Grant of effects unadministered

119 Rules as to grants of effects unadministered

330 Administration when limited grant has expired, and still some part of estate unadministered

231 (9) ALTERATION IN GRANTS. What errors may be rectified by the Court

232 Procedure where Codicil discovered after grant of administration with Will annexed .

233 (h) REVOCATION OF GRANTS. Revocation or annulment for just cause, of grant of probate or administration

234 Just cause

ib.

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PART XXXI.

OF THE PRACTICE IN GRANTING AND REVOKING PROBATES

AND LETTERS OF ADMINISTRATION.

Jurisdiction of District Judge in granting and revoking probates and

letters of administration,

235

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