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Section 102 - Constitution of Residuary Legatee in Indian Succession Act, 1925

snapp 102 ISA 1925 0 Notes

Constitution of Residuary Legatee.

A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property.

Illustrations

(i) A makes her Will, consisting of several testamentary papers, in one of which are contained the following words:"I think there Will be something led, after all funeral expenses, etc., to give to B, now at school, towards equipping him to any profession he may hereafter be appointed to". B is constituted residuary legatee.

(ii) A makes his Will, with the following passage at the end of it:"I believe there Will be found sufficient in my banker's hands to defray and discharge my debts, which I hereby, desire B to do, and keep the residue for her own use and pleasure". B is constituted the residuary legatee.

(iii) A bequeaths all his property to B, except certain stocks and funds, which he bequeath to C. B is the residuary legatee.

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