Saturday, January 15, 2011


Where a Will purports to make two bequests to the same person, and a question arises whether the testated intended to make the second bequest instead of or in addition to the first ; if there is nothing in the Will to show what he intended, the following rules shall have effect in determining the construction to be put upon the Will :-

a) If the same specific thing is bequethed 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 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 the other by a Codicil, or each by a different Codicil, the legatee is entitled to both legacies.

Codicil: A supplemetary addition to a Will.

In the above mentioned clauses a) to d), the word Will does not include a Codicil

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