Succession Act, 1925 — Section 146: When enumerated articles not deemed specifically bequeathed

146. When enumerated articles not deemed specifically bequeathed. Where a will contains a bequest of the residue of the testator’s property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. 147. Retention, in form of specific bequest to several persons in succession. Where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing. Illustrations

(i)A, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has bequeathed the lease to B for his life, and after B’s death to C. B is to enjoy the property as A left it, although, if B lives for fifteen years, C can take nothing under the bequest.

(ii)A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C’s death, to D. C is to enjoy the annuity as A left it, although, if B dies before D, D can take nothing under the bequest. 148. Sale and investment of proceeds of property bequeathed to two or more person in succession. Where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will. Illustration A, having a lease for a term of years, bequeaths all his property to B for life, and, after B’s death, to C. The lease must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid to B for life. At B’s death the capital of the fund is to be paid to C. 149. Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies. If there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies. CHAPTER XV OF DEMONSTRATIVE LEGACIES