Succession Act, 1925 — Section 133: Original bequest not affected by invalidity of second

133. Original bequest not affected by invalidity of second. If the ulterior bequest be not valid the original bequest is not affected by it. Illustrations

(i)An estate is bequeathed to A for his life with condition super-added that, if he shall not on a given day walk 100 miles in an hour, the estate shall go to B. The condition being void, A retains his estate as if no condition had been inserted in the will.

(ii)An estate is bequeathed to A for her life and, if she do not desert her husband, to D. A is entitled to the estate during her life as if no condition had been inserted in the will.

(iii)An estate is bequeathed to A for life, and, if he marries, to the eldest son of B for life. B, at the date of the testator’s death, had not had a son. The bequest over is void under section 105, and A is entitled to the estate during his life. 134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen. A bequest may be made with the condition superadded that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations

(i)An estate is bequeathed to A for his life, with a proviso that, in case he shall cut down a certain wood, the bequest shall cease to have any effect. A cuts down the wood. He loses his life- interest in the estate.

(ii)An estate is bequeathed to A, provided that, if he marries under the age of 25 without the consent of the executors named in the will, the estate shall cease to belong to him. A marries under 25 without the consent of the executors. The estate ceases to belong to him.

(iii)An estate is bequeathed to A, provided that, if he shall not go to England within three years after the testator’s death, his interest in the estate shall cease. A does not go to England within the time prescribed. His interest in the estate ceases.

(iv)An estate is bequeathed to A, with a proviso that, if she becomes a nun, she shall cease to have any interest in the estate. A becomes a nun. She loses her interest under the will.

(v)A fund is bequeathed to A for life, and, after his death, to B, if B shall be then living, with a proviso that, if B shall become a nun, the bequest to her shall cease to have any effect. B becomes a nun in the lifetime of A. She thereby loses her contingent interest in the fund.