Indian Succession Act,1925

Act No : 39

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Section : Constitution of residuary legatee.

102. Constitution of residuary legatee.-A residuary legatee maybe constituted by any words that show an intention on the part of thetestator that the person designated shall take the surplus or residueof his property. Illustrations (i) A makes her will, consisting of several testamentary papers,in one of which are contained the following words :--"I think therewill be something left, after all funeral expenses, etc., to give toB, now at school, towards equipping him to any profession he mayhereafter be appointed to." B is constituted residuary legatee.87 (ii) A makes his will, with the following passage at the end ofit:--"I believe there will be found sufficient in my banker's hands todefray and discharge my debts, which I hereby, desire B to do, andkeep the residue for her own use and pleasure." B is constituted theresiduary legatee. (iii) A bequeaths all his property to B, except certain stocksand funds, which he bequeaths to C. B is the residuary legatee.

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