A holds a lease of a house with fifteen years unexpired at his death, and specifically bequeaths the…
Illustration (i) to section 147 holds that "B is to enjoy the property as A left it", even though C may take nothing if B lives fifteen years. Where property is specifically…
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A holds a lease of a house with fifteen years unexpired at his death, and specifically bequeaths the lease to B for life, and after B's death to C. C asks that the lease be sold and the proceeds invested. What is the position?
Answer and explanation
Correct answer D
Illustration (i) to section 147 holds that "B is to enjoy the property as A left it", even though C may take nothing if B lives fifteen years. Where property is specifically bequeathed to persons in succession, section 147 requires it to be retained in the form in which the testator left it, although its value keeps decreasing. Contrast section 148, which requires a sale where the property is not specifically bequeathed.