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Indian Succession Act,1925

Act No : 39


Section : The last of two inconsistent clauses prevails.

88. The last of two inconsistent clauses prevails.-Where twoclauses of gifts in a will are irreconcileable, so that they cannotpossibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his will leaves hisestate of Ramnagar "to A," and by the last clause of his will leavesit "to B and not to A". B will have it. (ii) If a man, at the commencement of his will gives his house toA, and at the close of it directs that his house shall be sold and theproceeds invested for the benefit of B, the latter disposition willprevail.81


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