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The Succession Act, 1925

( ACT NO. XXXIX OF 1925 )

Chapter VI

OF THE CONSTRUCTION OF WILLS

Effect of words describing a class added to bequest to person
97. Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will.
 
 
Illustrations
 
 
(i) A bequest is made-
 
 
to A and his children,
 
 
to A and his children by his present wife,
 
 
to A and his heirs,
 
 
to A and his heirs of his body,
 
 
to A and his heirs male of his body,
 
 
to A and his heirs female of his body,
 
 
to A and his issue,
 
 
to A and his family,
 
 
to A and his descendants,
 
 
to A and his representatives,
 
 
to A and his personal representatives,
 
 
to A, his executors and administrators,
 
 
In each of these cases, A takes the whole interest which the testator had in the property.
 
 
 
 
(ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy.
 
 
(iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A.

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