A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. In his lifetime A receives…
The Illustration to section 156 holds that "The 4,000 rupees which are due from W to A at the time of his death belong to B". Where a portion of an entire fund is…
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A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. In his lifetime A receives 6,000 rupees of that sum. At A's death W still owes 4,000 rupees. What does B take?
Answer and explanation
Correct answer A
The Illustration to section 156 holds that "The 4,000 rupees which are due from W to A at the time of his death belong to B". Where a portion of an entire fund is specifically bequeathed, section 156 makes the testator's receipt of part an ademption "only to the extent of the amount so received". The remainder of the fund is then applied to the specific legacy, up to its amount.