Indian Succession Act,1925
Act No : 39
Section :
Bequest to a class some of whom may come under rules in sections 113and 114.
115. Bequest to a class some of whom may come under rules insections 113 and 114.-If a bequest is made to a class of persons withregard to some of whom it is inoperative by reason of the provisionsof section 113 or section 114, such bequest shall be 1*[void in regardto those persons only, and not in regard to the whole class]. Illustrations (i) A fund is bequeathed to A for life, and after his death toall his children who shall attain the age of 25. A survives thetestator, and has some children living at the testator's death. Eachchild of A's living at the testator's death must attain the age of 25(if at all) within the limits allowed for a bequest. But A may havechildren after the testator's decease, some of whom may not attain theage of 25 until more than 18 years have elapsed after the decease ofA. The bequest to A's children, therefor, is inoperative as to anychild born after the testator's death; 2*[and in regard to those whodo not attain the age of 25 within 18 years after A's death, but isoperative in regard to the other children of A]. (ii) A fund is bequeathed to A for his life, and after his deathto B, C, D and all other children of A who shall attain the age of 25.B, C, D are children of A living at the testator's decease. In allother respects the case is the same as that supposed in Illustration(i). 2*[Although the mention of B, C and D does not prevent thebequest from being regarded as a bequest to a class, it is not whollyvoid. It is operative as regards any of the children B, C or D, whoattains the age of 25 within 18 years after A's death.]
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