Lawgist102Constitution of residuary legatee
A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property.
Illustrations
(i) A makes her will, consisting of several testamentary papers, in one of which are contained the following words:--"I think there will be something left, after all funeral expenses, etc., to give to B, now at school, towards equipping him to any profession he may hereafter be appointed to." B is constituted residuary legatee.
(ii) A makes his will, with the following passage at the end of it:--"I believe there will be found sufficient in my banker's hands to defray and discharge my debts, which I hereby, desire B to do, and keep the residue for her own use and pleasure."B is constituted the residuary legatee.
(iii) A bequeaths all his property to B, except certain stock and funds, which he bequeaths to C. B is the residuary legatee.
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- 74 Wording of wills
- 75 Inquiries to determine questions as to object or subject of will
- 76 Misnomer or misdescription of object
- 77 When words may be supplied
- 78 Rejection of erroneous particulars in description of subject
- 79 When part of description may not be rejected as erroneous
- 80 Extrinsic evidence admissible in cases of patent ambiguity
- 81 Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
- 82 Meaning or clause to be collected from entire Will
- 83 When words may be understood in restricted sense, and when in sense wider than usual
- 84 Which of two possible constructions preferred
- 85 No part rejected, if it can be reasonably construed
- 86 Interpretation of words repeated in different parts of will
- 87 Testator’s intention to be effectuated as far as possible
- 88 The last of two inconsistent clauses prevails
- 89 Will or bequest void for uncertainty
- 90 Words describing subject refer to property answering description at testator’s death
- 91 Power of appointment executed by general bequest
- 92 Implied gift to objects of power in default of appointment
- 93 Bequest to “heirs,” etc., of particular person without qualifying terms
- 94 Bequest to “representatives”, etc., of particular person
- 95 Bequest without words of limitation
- 96 Bequest in alternative
- 97 Effect of words describing a class added to bequest to person
- 98 Bequest to class of persons under general description only
- 99 Construction of terms
- 100 Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
- 101 Rules of construction where will purports to make two bequests to same person
- 102 Constitution of residuary legatee
- 103 Property to which residuary legatee entitled
- 104 Time of vesting legacy in general terms
- 105 In what case legacy lapses
- 106 Legacy does not lapse if one of two joint legatees die before testator
- 107 Effect of words showing testator’s intention to give distinct shares
- 108 When lapsed share goes as undisposed of
- 109 When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime
- 110 Bequest to A for benefit of B does not lapse by A’s death
- 111 Survivorship in case of bequest to described class
