The lands of Sultanpur are settled on C for life, and after his death on D, his only child. A bequeaths…
The Illustration to section 184 holds that D, "In his individual character", retains the lands "in opposition to the will". Section 184 provides that a person who takes no…
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The lands of Sultanpur are settled on C for life, and after his death on D, his only child. A bequeaths those lands to B, and 1,000 rupees to C. C dies intestate soon after A without electing. D, as C's administrator, elects for C's estate to take under the will. What is D's position in his own right?
Answer and explanation
Correct answer B
The Illustration to section 184 holds that D, "In his individual character", retains the lands "in opposition to the will". Section 184 provides that a person who takes no benefit directly under a will, but only indirectly, is not put to his election. As administrator D must account to B for the rents of the lands up to C's death, but his own remainder is unaffected.