Under A's marriage settlement his wife is entitled, if she survives him, to Sultanpur for life. A's…
The Illustration to section 186 holds that "She is bound to relinquish the annuity but not the legacy of 1,000 rupees". Section 186 provides that where a particular gift is…
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Under A's marriage settlement his wife is entitled, if she survives him, to Sultanpur for life. A's will gives her an annuity of 200 rupees for life "in lieu of" that interest, gives Sultanpur to his son, and also gives her a legacy of 1,000 rupees. The widow elects to take under the settlement. What must she give up?
Answer and explanation
Correct answer C
The Illustration to section 186 holds that "She is bound to relinquish the annuity but not the legacy of 1,000 rupees". Section 186 provides that where a particular gift is expressed to be in lieu of something belonging to the legatee, a legatee who claims that thing must give up that particular gift but "is not bound to relinquish any other benefit". This is an exception to the general rule in section 180.