A bequeaths 1,000 rupees to B, and to C an estate which, under a settlement, will belong to B if B's…
Illustration (iii) to section 182 holds that "B must elect to give up the estate or to lose the legacy". A disposes of something B may become entitled to, so under section…
Choose your answer
A bequeaths 1,000 rupees to B, and to C an estate which, under a settlement, will belong to B if B's elder brother (married, with children) leaves no issue living at his death. What is B's position?
Answer and explanation
Correct answer B
Illustration (iii) to section 182 holds that "B must elect to give up the estate or to lose the legacy". A disposes of something B may become entitled to, so under section 180 B must either confirm the disposition or give up the benefit given to him. The contingent nature of B's right in the estate does not excuse him from electing.