A, by his will, gives certain legacies, one of which lapses by the death of the legatee, and bequeaths…
Section 103 entitles a residuary legatee to "all property belonging to the testator at the time of his death" which has not been otherwise disposed of by a gift capable of…
Choose your answer
A, by his will, gives certain legacies, one of which lapses by the death of the legatee, and bequeaths the residue of his property to B. After the date of the will A buys a zamindari, which he still owns at his death. What does B take as residuary legatee?
Answer and explanation
Correct answer D
Section 103 entitles a residuary legatee to "all property belonging to the testator at the time of his death" which has not been otherwise disposed of by a gift capable of taking effect. The Illustration to section 103 holds that B takes the lapsed legacy "and the zamindari as part of the residue". Property bought after the will passes because the residue is judged at the testator's death.