A holds a lease of a house at a rent higher than the house can be let for, which he and his…
The Illustration to section 123 says B "will not by this refusal forfeit the money". Where a will contains two separate and independent bequests to the same person, the…
Choose your answer
A holds a lease of a house at a rent higher than the house can be let for, which he and his representatives must pay for the rest of the term. By his will A bequeaths to B the lease and a sum of money. B refuses the lease. What happens to the money?
Answer and explanation
Correct answer A
The Illustration to section 123 says B "will not by this refusal forfeit the money". Where a will contains two separate and independent bequests to the same person, the legatee may accept one and refuse the other, "although the former may be beneficial and the latter onerous". The rule in section 122 applies only where the burden and the benefit form one bequest.