A bequeaths to B "the sum of 1,000 rupees in a certain chest" and "all the horses in my stable". At A's…
Illustration (ii) to section 152 holds that "The legacies are adeemed". Both are specific legacies of particular things, and under section 152 a specific legacy fails if the…
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A bequeaths to B "the sum of 1,000 rupees in a certain chest" and "all the horses in my stable". At A's death there is no money in the chest and no horse in the stable. What is B's position?
Answer and explanation
Correct answer C
Illustration (ii) to section 152 holds that "The legacies are adeemed". Both are specific legacies of particular things, and under section 152 a specific legacy fails if the thing does not belong to the testator at his death. Contrast a general legacy of "a horse", which the executor must buy under section 171.