A testator gives to A "my farm in the occupation of B" and to C "all my marsh-lands in L". Part of B's…
Section 83 allows general words to be "understood in a restricted sense" where the will shows that the testator meant them so. Illustration (i) to section 83 holds that the…
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A testator gives to A "my farm in the occupation of B" and to C "all my marsh-lands in L". Part of B's farm consists of marsh-lands in L, and the testator also has other marsh-lands in L. Who takes the marsh-land forming part of the farm?
Answer and explanation
Correct answer B
Section 83 allows general words to be "understood in a restricted sense" where the will shows that the testator meant them so. Illustration (i) to section 83 holds that the general words "all my marsh-lands in L" are restricted by the gift to A, so A takes the whole farm, including its marsh-land portion. C still takes the testator's other marsh-lands in L.