Succession Act, 1925 — Section 137: Performance of condition, precedent or subsequent, within specified time

137. Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud. Where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non- fulfilment of which the subject- matter of the bequest is to go over to another person or the bequest is to cease to have effect, the act must be performed within the time specified, unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud. CHAPTER XII OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT 138. Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person. Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. Illustration A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A, or to place A in any business. A chooses to receive the legacy in money. He is entitled to do so. 139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee. Where a testator absolutely bequeaths a fund, so as to sever it from his own estate but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. Illustrations

(i)A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue.

(ii)A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her life, and divide the principal among her children after her death. The daughter dies without having ever had a child. Her representatives are entitled to the fund.