Succession Act, 1925 — Section 82: Meaning of clause to be collected from entire will

82. Meaning of clause to be collected from entire will. The meaning of any clause in a will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other. Illustrations

(i)The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the whole of his property to A. The effect of the several clauses taken together is to vest the specific fund or property in A for life, and after his decease in B; it appearing from the bequest to B that the testator meant to use in a restricted sense the words in which he describes what he gives to A.

(ii)Where a testator having an estate, one part of which is called Black Acre, bequeaths the whole of his estate to A, and in another part of his will bequeaths Black Acre to B, the latter bequest is to be read as an exception out of the first as if he had said “I give Black Acre to B, and all the rest of my estate to A”. 83. When words may be understood in restricted sense, and when in sense wider than usual. General words may be understood in a restricted sense where it may be collected from the will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator meant to use them in such wider sense. Illustrations

(i)A testator gives to A “my farm in the occupation of B”, and to C “all my marsh-lands in L”. Part of the farm in the occupation of B consists of marsh lands in L, and the testator also has other marsh-lands in L. Thegeneral words, “all my marsh-lands in L,” are restricted by the gift to A. A takes the whole of the farm in the occupation of B, including that portion of the farm which consists of marsh- lands in L.

(ii)The testator (a sailor on ship- board) bequeathed to his mother his gold ring, buttons and chest of clothes, and to his friend, A (a shipmate), his red box, clasp-knife and all things not before bequeathed. The testator’s share in a house does not pass to A under this bequest.

(iii)A, by his will, bequeathed to B all his household furniture, plate, linen, china, books, pictures and all other goods of whatever kind; and afterwards bequeathed to B a specified part of his property. Under the first bequest, B is entitled only to such articles of the testator’s as are of the same nature with the articles therein enumerated.