The estate of Sultanpur is settled on A for life, then on B. A by will leaves Sultanpur to D, 2,000…
The Illustration to section 185 holds that C "may do this, and yet claim his legacy of 1,000 rupees under the will". Section 185 provides that a person who takes a benefit…
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The estate of Sultanpur is settled on A for life, then on B. A by will leaves Sultanpur to D, 2,000 rupees to B, and 1,000 rupees to C, B's only child. B dies intestate without electing. C, as B's administrator, keeps Sultanpur against the will and gives up the 2,000 rupees. Can C still claim his own legacy of 1,000 rupees?
Answer and explanation
Correct answer B
The Illustration to section 185 holds that C "may do this, and yet claim his legacy of 1,000 rupees under the will". Section 185 provides that a person who takes a benefit under a will in his individual capacity may, in another character, elect to take in opposition to it. C elected against the will only as B's administrator, so his own legacy is untouched.