The farm of Sultanpur Khurd belongs to B. A bequeaths it to C, and bequeaths his own farm of Sultanpur…
The Illustration to section 183 holds that "B must elect whether he will abide by the will" or keep Sultanpur Khurd against it. Section 183 says that for the purpose of…
Choose your answer
The farm of Sultanpur Khurd belongs to B. A bequeaths it to C, and bequeaths his own farm of Sultanpur Buzurg to his executors to be sold and the proceeds applied in paying B's debts. What is B's position?
Answer and explanation
Correct answer D
The Illustration to section 183 holds that "B must elect whether he will abide by the will" or keep Sultanpur Khurd against it. Section 183 says that for the purpose of election, a bequest for a person's benefit "is, for the purpose of election, the same thing as a bequest made to himself". Payment of B's debts is such a benefit, even though the farm itself goes to the executors.