A bequeaths to B "my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of…
Section 79 treats words that could be rejected under section 78 as struck out of the will before the rest of the description is applied. Illustration (ii) to section 79 says…
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A bequeaths to B "my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of lands". A had marsh-lands in L, some occupied by X and some not, and the measurement fits neither group nor the whole. What passes to B?
Answer and explanation
Correct answer D
Section 79 treats words that could be rejected under section 78 as struck out of the will before the rest of the description is applied. Illustration (ii) to section 79 says "the measurement will be considered as struck out of the will", and only the marsh-lands in L occupied by X pass. The accurate parts of the description still confine the gift.