A bequeaths to B "my marsh-lands lying in L and in the occupation of X". A had marsh-lands lying in L,…
Section 79 says that where some property answers every part of the description, the bequest is "limited to such property", and no part of the description may be rejected…
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A bequeaths to B "my marsh-lands lying in L and in the occupation of X". A had marsh-lands lying in L, some of which were in the occupation of X and some not. What passes to B?
Answer and explanation
Correct answer D
Section 79 says that where some property answers every part of the description, the bequest is "limited to such property", and no part of the description may be rejected merely because other property does not fit it. Illustration (i) to section 79 holds that the bequest is "limited to such of the testator's marsh-lands in L as were in the occupation of X". Contrast section 78, which rejects a detail only when no property fits it.