A, by his will, leaves to B "the estate which I purchased of C". The will does not otherwise identify…
Illustration (iii) to section 75 states that "it may be necessary to take evidence in order to ascertain what estate the testator purchased of C". Section 75 lets the court…
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A, by his will, leaves to B "the estate which I purchased of C". The will does not otherwise identify the estate. How is the subject of the gift to be identified?
Answer and explanation
Correct answer A
Illustration (iii) to section 75 states that "it may be necessary to take evidence in order to ascertain what estate the testator purchased of C". Section 75 lets the court look at the property claimed and every fact that helps apply the testator's words. The description is clear in itself, so the gift is not void; it only has to be matched to the right land.