Lawgist76Misnomer or misdescription of object
(1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, and error in the name or description shall not prevent the legacy from taking effect.
(2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name.
Illustrations
(i) A bequeaths a legacy to Thomas, the second son of my brother John. The testator has an only brother named John, who has no son named Thomas, but has a second son whose name is William. William will have the legacy.
(ii) A bequeaths a legacy "to Thomas, the second son of my brother John". The testator has an only brother, named John, whose first son is named Thomas and whose second son is named William. Thomas will have the legacy.
(iii) The testator bequeaths his property "to A and B, the legitimate children of C". C has no legitimate child, but has two illegitimate children, A and B. The bequest to A and B takes effect, although they are illegitimate.
(iv) The testator gives his residuary estate to be divided among "my seven children" and, proceeding to enumerate them, mentions six names only. This omission will not prevent the seventh child from taking a share with the others.
(v) The testator, having six grandchildren, makes a bequest to "my six grandchildren" and, proceeding to mention them by their Christian names, mentions one twice over omitting another altogether. The one whose name is not mentioned will take a share with the others.
(vi) The testator bequeaths "1,000 rupees to each of the three children of A". At the date of the will A has four children. Each of these four children will, if he survives the testator, receive a legacy of 1,000 rupees.
Download our fully-offline, High speed android app.- Click here
- 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
