Indian Succession Act,1925

Act No : 39

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Section : Meaning of clause to be collected from entire will.

82. Meaning of clause to be collected from entire will.-Themeaning of any clause in a will is to be collected from the entireinstrument, and all its parts are to be construed with reference toeach other. Illustrations (i) The testator gives to B a specific fund or property at thedeath of A, and by a subsequent clause gives the whole of his propertyto A. The effect of the several clauses taken together is to vest thespecific fund or property in A for life, and after his decease in B;it appearing from the bequest to B that the testator meant to use in arestricted sense the words in which he describes what he gives to A. (ii) Where a testator having an estate, one part of which iscalled Black Acre, bequeaths the whole of his estate to A, and inanother part of his will bequeaths Black Acre to B, the latter bequestis to be read as an exception out of the first as if he had said "Igive Black Acre to B, and all the rest of my estate to A".

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