Indian Succession Act,1925
Act No : 39
Section :
Rules of construction where will purports to make two bequests to sameperson.
101. Rules of construction where will purports to make twobequests to same person.-Where a will purports to make two bequests tothe same person, and a question arises whether the testator intendedto make the second bequest instead of or in addition to the first; ifthere is nothing in the will to show what he intended, the followingrules shall have effect in determining the construction to be put uponthe will:-- (a) If the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the codicil, he is entitled to receive that specific thing only. (b) Where one and the same will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. (c) Where two legacies of unequal amount are given to the same person in the same will, or in the same codicil, the legatee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the86 other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. Explanation.--In clauses (a) to (d) of this section, the word"will" does not include a codicil. Illustrations (i) A, having ten shares, and no more, in the Imperial Bank ofIndia, made his will, which contains near its commencement the words"I bequeath my ten shares in the Imperial Bank of India to B". Afterother bequests, the will concludes with the words "and I bequeath myten shares in the Imperial Bank of India to B". B is entitled simplyto receive A's ten shares in the Imperial Bank of India. (ii) A, having one diamond ring, which was given him by B,bequeaths to C the diamond ring which was given by B. A afterwardsmade a codicil to his will, and thereby, after giving other leagacies,he bequeathed to C the diamond ring which was given him by B. C canclaim nothing except the diamond ring which was given to A by B. (iii) A, by his will, bequeaths to B the sum of 5,000 rupees andafterwards in the same will repeats the bequest in the same words. Bis entitled to one legacy of 5,000 rupees only. (iv) A, by his will, bequeaths to B the sum of 5,000 rupees andafterwards in the same will bequeaths to B the sum of 6,000 rupees. Bis entitled to receive 11,000 rupees. (v) A, by his will, bequeaths to B 5,000 rupees and by a codicilto the will he bequeaths to him 5,000 rupees. B is entitled to receive10,000 rupees. (vi) A, by one codicil to his will, bequeaths to B 5,000 rupeesand by another codicil bequeaths to him, 6,000 rupees. B is entitledto receive 11,000 rupees. (vii) A, by his will, bequeaths "500 rupees to B because she wasmy nurse", and in another part of the will bequeaths 500 rupees to B"because she went to England with my children". B is entitled toreceive 1,000 rupees. (viii) A, by his will, bequeaths to B the sum of 5,000 rupees andalso, in another part of the will, an annuity of 400 rupees. B isentitled to both legacies. (ix) A, by his will, bequeaths to B the sum of 5,000 rupees andalso bequeaths to him the sum of 5,000 rupees if he shall attain theage of 18. B is entitled absolutely to one sum of 5,000 rupees, andtakes a contingent interest in another sum of 5,000 rupees.
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