A bequeaths to B "my pair of carriage-horses". At A's death he has no carriage-horses. What is the…
Illustration (ii) to section 171 holds that "The legacy fails". The word "my" makes this a specific gift of particular horses, not a gift in general terms, so the executor's…
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A bequeaths to B "my pair of carriage-horses". At A's death he has no carriage-horses. What is the position?
Answer and explanation
Correct answer A
Illustration (ii) to section 171 holds that "The legacy fails". The word "my" makes this a specific gift of particular horses, not a gift in general terms, so the executor's duty to buy under section 171 does not arise. As the horses did not belong to A at his death, there is nothing for the gift to operate on.