A bequeaths to B "a pair of carriage-horses". A owned no carriage-horses. What must the executor do?
Illustration (i) to section 171 holds that "The executor must provide the legatee with such articles if the state of the assets will allow it". Under section 171, where…
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A bequeaths to B "a pair of carriage-horses". A owned no carriage-horses. What must the executor do?
Answer and explanation
Correct answer C
Illustration (i) to section 171 holds that "The executor must provide the legatee with such articles if the state of the assets will allow it". Under section 171, where something is bequeathed in general terms, the executor must buy what reasonably answers the description. Contrast a gift of "my pair of carriage-horses", which fails if A has none.