A bequeaths to B "my marsh-lands lying in L and in the occupation of X". A had marsh-lands lying in L,…
Section 78 says that where the thing intended can be identified, parts of the description that do not apply "shall be rejected as erroneous, and the bequest shall take…
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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, but none of them was in the occupation of X. What passes to B?
Answer and explanation
Correct answer C
Section 78 says that where the thing intended can be identified, parts of the description that do not apply "shall be rejected as erroneous, and the bequest shall take effect". Illustration (i) to section 78 holds that the words "in the occupation of X" are rejected and the testator's marsh-lands in L pass. The gift is not void just because one detail is wrong.