B owns the estate of Sultanpur. His father A bequeaths Sultanpur to C and the residue of A's property…
Illustration (ii) to section 187 holds that "B has not confirmed the bequest of the estate of Sultanpur to C". Election by acceptance requires knowledge of the circumstances…
Choose your answer
B owns the estate of Sultanpur. His father A bequeaths Sultanpur to C and the residue of A's property to B. Told by A's executors that the residue will be 5,000 rupees, B lets C take Sultanpur. He later finds the residue is only 500 rupees. What is the position?
Answer and explanation
Correct answer A
Illustration (ii) to section 187 holds that "B has not confirmed the bequest of the estate of Sultanpur to C". Election by acceptance requires knowledge of the circumstances "which would influence the judgment of a reasonable man in making an election". The true value of the residue was such a circumstance, and B acted on wrong information.