A sum of money is bequeathed towards buying a country residence for A, or buying an annuity for A, or…
The Illustration to section 138 holds that A may choose "to receive the legacy in money" and "is entitled to do so". Where a fund is bequeathed absolutely to or for the…
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A sum of money is bequeathed towards buying a country residence for A, or buying an annuity for A, or setting A up in business. A asks the executor to pay him the money instead. What is the position?
Answer and explanation
Correct answer A
The Illustration to section 138 holds that A may choose "to receive the legacy in money" and "is entitled to do so". Where a fund is bequeathed absolutely to or for the benefit of a person, a direction that it be applied in a particular manner does not bind him. Under section 138 he takes the fund "as if the will had contained no such direction".