Indian Succession Act,1925
Act No : 39
Section :
When words may be understood in restricted sense, and when in sensewider than usual.
83. When words may be understood in restricted sense, and when insense wider than usual.-General words may be understood in arestricted sense where it may be collected from the will that thetestator meant to use them in a restricted sense; and words may beunderstood in a wider sense than that which they usually bear, whereit may be collected from the other words of the will that the testatormeant to use them in such wider sense. Illustrations (i) A testator gives to A "my farm in the occupation of B," andto C "all my marsh-lands in L". Part of the farm in the occupation ofB consists of marsh-lands in L, and the testator also has other marsh-lands in L. The general words, "all my marsh-lands in L," arerestricted by the gift to A. A takes the whole of the farm in theoccupation of B, including that portion of the farm which consists ofmarsh-lands in L.80 (ii) The testator (a sailor on ship-board) bequeathed to hismother his gold ring, buttons and chest of clothes, and to his friend,A (a shipmate), his red box, clasp-knife and all things not beforebequeathed. The testator's share in a house does not pass to A underthis bequest. (iii) A, by his will, bequeathed to B all his householdfurniture, plate, linen, china, books, pictures and all other goods ofwhatever kind; and afterwards bequeathed to B a specified part of hisproperty. Under the first bequest B is entitled only to such articlesof the testator's as are of the same nature with the articles thereinenumerated.
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