A bequeaths to B an estate that belongs to C, and to C a coal-mine. C takes possession of the mine and…
The Illustration to section 188 holds that C "has thereby confirmed the bequest of the estate to B". Under section 188(2) knowledge or waiver of inquiry may be inferred from…
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A bequeaths to B an estate that belongs to C, and to C a coal-mine. C takes possession of the mine and works it until it is exhausted. What is the effect?
Answer and explanation
Correct answer A
The Illustration to section 188 holds that C "has thereby confirmed the bequest of the estate to B". Under section 188(2) knowledge or waiver of inquiry may be inferred from an act of the legatee that makes it impossible to restore the parties to their former position. Exhausting the mine is such an act, so C cannot now keep his estate against the will.