118Bequest to religious or charitable uses
No man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons:
1[Provided that nothing in this section shall apply to a Parsi.]
Illustrations
A having a nephew makes a bequest by a will not executed and deposited as required--
for the relief of poor people;
for the maintenance of sick soldiers;
for the erection or support of a hospital;
for the education and preferment of orphans;
for the support of scholars;
for the erection or support of a school;
for the building and repairs of a bridge;
for the making of roads;
for the erection or support of a church;
for the repairs of a church;
for the benefit of ministers of religion;
for the formation or support of a public garden;
All these bequests are void.
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1. Ins. by Act 51 of 1991, s. 6.
- 112 Bequest to person by particular description, who is not in existence at testator’s death
- 113 Bequest to person not in existence at testator’s death subject to prior bequest
- 114 Rule against perpetuity
- 115 Bequest to a class some of whom may come under rules in sections 113 and 114
- 116 Bequest to take effect on failure of prior bequest
- 117 Effect of direction for accumulation
- 118 Bequest to religious or charitable uses