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Indian Succession Act,1925

Act No : 39


Section : Order of payment where portion of fund specifically bequeathed to onelegatee, and legacy charged on same fund to another, and, testatorhaving received portion of that fund, remainder insufficient to payboth legacies.

157. Order of payment where portion of fund specificallybequeathed to one legatee, and legacy charged on same fund to another,and, testator having received portion of that fund, remainderinsufficient to pay both legacies.-Where a portion of a fund isspecifically bequeathed to one legatee, and a legacy charged on thesame fund is bequeathed to another legatee, then, if the testatorreceives a portion of that fund, and the remainder of the fund isinsufficient to pay both the specific and the demonstrative legacy,the specific legacy shall be paid first, and the residue (if any) ofthe fund shall be applied so far as it will extend in payment of thedemonstrative legacy, and the rest of the demonstrative legacy shallbe paid out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupeesdue to him from W. He also bequeaths to C 1,000 rupees to be paid outof the debt due to him from W. A afterwards receives 1*[500] rupees,part of that debt, and dies leaving only 1,500 rupees due to him fromW. Of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees areto be paid to C. C is also to receive 500 rupees out of the generalassets of the testator.


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