Indian Succession Act,1925

Act No : 39

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Section : Order of payment when legacy directed to be paid out of fund thesubject of specific legacy.

151. Order of payment when legacy directed to be paid out of fundthe subject of specific legacy.-Where a portion of a fund isspecifically bequeathed and a legacy is directed to be paid out of thesame fund, the portion specifically bequeathed shall first be paid tothe legatee, and the demonstrative legacy shall be paid out of theresidue of the fund and, so far as the residue shall be deficient, outof the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, being part of a debt due to himfrom W. He also bequeaths to C 1,000 rupees to be paid out of the debtdue to him from W. The debt due to A from W is only 1,500 rupees; ofthese 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to bepaid to C. C is also to receive 500 rupees out of the general assetsof the testator.

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