Lawgist132Condition must be strictly fulfilled
An ulterior bequest of the kind contemplated by section 131 cannot take effect, unless the condition is strictly fulfilled.
Illustrations
(i) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, C and D, the legacy shall go to E. E' dies. Even if A marries without the consent of B and C, the gift to E does not take effect.
(ii) A legacy is bequeathed to A, with a proviso that, if he marries without the consent of B, the legacy shall go to C. A marries with the consent of B. He afterwards becomes a widower and marries again without the consent of B. The bequest to C does not take effect.
(iii) A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, if A dies under 18 or marries without the consent of B, the legacy shall go to C. A marries under 18, without the consent of B. The bequest to C takes effect.
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- 126 Bequest upon impossible condition
- 127 Bequest upon illegal or immoral condition
- 128 Fulfilment of condition precedent to vesting of legacy
- 129 Bequest to A and on failure of prior bequest to B
- 130 When second bequest not to take effect on failure of first
- 131 Bequest over, conditional upon happening or not happening of specified uncertain event
- 132 Condition must be strictly fulfilled
- 133 Original bequest not affected by invalidity of second
- 134 Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
- 135 Such condition must not be invalid under section 120
- 136 Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over
- 137 Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud
