A man has an aunt, Caroline, and a cousin, Mary, and no aunt named Mary. By his will he gives 1,000…
Section 81 bars extrinsic evidence of the testator's intention "where there is an ambiguity or deficiency on the face of a will". Illustration (i) to section 81 says no one…
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A man has an aunt, Caroline, and a cousin, Mary, and no aunt named Mary. By his will he gives 1,000 rupees to "my aunt, Caroline", 1,000 rupees to "my cousin, Mary", and later 2,000 rupees to "my before-mentioned aunt, Mary". What is the fate of the 2,000 rupees gift?
Answer and explanation
Correct answer B
Section 81 bars extrinsic evidence of the testator's intention "where there is an ambiguity or deficiency on the face of a will". Illustration (i) to section 81 says no one answers "my before-mentioned aunt, Mary", evidence is not admissible to show who was meant, and the bequest "is, therefore, void for uncertainty under section 89". The correction rule of section 76 does not help, since the words point equally to two different people.