The Indian Succession Act

Wording of wills

Inquiries to determine questions as to object or subject of will

Misnomer or misdescription of object

When words may be supplied

Rejection of erroneous particulars in description of subject

When part of description may not be rejected as erroneous

Extrinsic evidence admissible in cases of patent ambiguity

Extrinsic evidence inadmissible in case of patent ambiguity or deficiency

Meaning or clause to be collected from entire Will

When words may be understood in restricted sense, and when in sense wider than usual

Which of two possible constructions preferred

No part rejected, if it can be reasonably construed

Interpretation of words repeated in different parts of will

Testator’s intention to be effectuated as far as possible

The last of two inconsistent clauses prevails

Will or bequest void for uncertainty

Words describing subject refer to property answering description at testator’s death

Power of appointment executed by general bequest

Implied gift to objects of power in default of appointment

Bequest to “heirs,” etc., of particular person without qualifying terms

Bequest to “representatives”, etc., of particular person

Bequest without words of limitation

Bequest in alternative

Effect of words describing a class added to bequest to person

Bequest to class of persons under general description only

Construction of terms

Words expressing relationship denote only legitimate relatives or failing such relatives reputed  legitimate

Rules of construction where will purports to make two bequests to same person

Constitution of residuary legatee

Property to which residuary legatee entitled

Time of vesting legacy in general terms

In what case legacy lapses

Legacy does not lapse if one of two joint legatees die before testator

Effect of words showing testator’s intention to give distinct shares

When lapsed share goes as undisposed of

When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s  lifetime

Bequest to A for benefit of B does not lapse by A’s death

Survivorship in case of bequest to described class


CHAPTER VI.--Of the construction of Wills


Where a share which lapses is a part of the
general residue bequeathed by the Will, that share shall go as undisposed of.

Illustration

The testator bequeaths me residue of his estate to A, B and C, to be equally divided between them. A dies
before the testator. His one-third of the residue goes as undisposed of.

LAWGIST

# 108 When lapsed share goes as undisposed of