A contracts to buy a piece of land at a certain price, bequeaths the land to B, and dies before paying…
The first Illustration to section 168 holds that "The purchase-money must be made good out of A's assets". Section 168 says that where anything is to be done to complete the…
Choose your answer
A contracts to buy a piece of land at a certain price, bequeaths the land to B, and dies before paying the purchase-money. Who must pay the price?
Answer and explanation
Correct answer A
The first Illustration to section 168 holds that "The purchase-money must be made good out of A's assets". Section 168 says that where anything is to be done to complete the testator's title to the thing bequeathed, "it is to be done at the cost of the testator's estate". Paying the price completes A's title, so B takes the land without bearing it.