Lawgist79When part of description may not be rejected as erroneous
If a will mentions several circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such property, and it shall not be lawful to reject any part of the description as erroneous, because the testator had other property to which such part of the description does not apply.
Explanation.--In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 78 shall be deemed to have been struck out of the will.
Illustrations
(i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X. The testator had marsh-lands lying in L, some of which were in the occupation of X, and some not in the occupation of X. The bequest will be considered as limited to such of the testator's marsh-lands in L as were in the occupation of X.
(ii) A bequeaths to B "my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of lands". The testator had marshlands lying in L some of which were in the occupation of X and some not in the occupation of X. The measurement is wholly inapplicable to the marsh-lands of either class, or to the whole taken together. The measurement will be considered as struck out of the will, and such of the testator's marsh-lands lying in L as were in the occupation of X shall alone pass by the bequest.
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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
