By the first clause of his will the testator leaves his estate of Ramnagar "to A", and by the last…
Section 88 provides that where two clauses of gifts are "irreconcileable, so that they cannot possibly stand together, the last shall prevail". Illustration (i) to section…
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By the first clause of his will the testator leaves his estate of Ramnagar "to A", and by the last clause of his will leaves it "to B and not to A". Who takes Ramnagar?
Answer and explanation
Correct answer C
Section 88 provides that where two clauses of gifts are "irreconcileable, so that they cannot possibly stand together, the last shall prevail". Illustration (i) to section 88 applies this to Ramnagar: "B will have it." Splitting the estate would defeat the clear words "and not to A".