Indian Succession Act,1925

Act No : 39

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Section : Bequest of fund for certain purposes, some of which cannot befulfilled.

140. Bequest of fund for certain purposes, some of which cannotbe fulfilled.-Where a testator does not absolutely bequeath a fund, soas to sever it from his own estate, but gives it for certain purposes,and part of those purposes cannot be fulfilled, the fund, or so muchof it as has not been exhausted upon the objects contemplated by thewill, remains a part of the estate of the testator. Illustrations (i) A directs that his trustees shall invest a sum of money in aparticular way, and shall pay the interest to his son for life, and athis death shall divide the principal among his children. The son dieswithout having ever had a child. The fund, after the son's death,belongs to the estate of the testator. (ii) A bequeaths the residue of his estate, to be divided equallyamong his daughters, with a direction that they are to have theinterest only during their lives, and that at their decease the fundshall go to their children. The daughters have no children. The fundbelongs to the estate of the testator.

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