cover image: The Hindu Wills Act  with an Index to Cases Cited

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The Hindu Wills Act with an Index to Cases Cited

1870

But when a father on the marriage of a child enters into a covenant to settle either land or money he is unable to adeem or alter that covenant and if he gives benefits by his will to the same objects and he either states or the law raises the presumption that this is to be in satisfaction of the covenant he necessarily gives the objects of the covenant the right to elect whether they will [...] Again in the former case the question whether the gift by will was intended to be a satisfaction of the covenant is a question of testmentary intention ; in the latter the question is as to the effect of an act subsquent to the will and not as to any intention manifested by the will itself [see Lord Chichester v. Coventry L. R. 2 H. L. 71 go] (6). [...] And in regard to cases of implied election the foundation of the doctrine is still the intention of the author of the instrument; an intention which extending to the whole disposition is frustrated by the failure of any part The intention being assumed the conscience of the donee is affected by the condition (although it is destitute of legal validity) not express but implied which is annex [...] doctrine of election is applicable to cases of appointment under a power Thus if one having a special power give benefits by will out of his own property to the objects of the power and appoint the subject of the power to strangers or to an object of the power charged in favour of strangers the former will be obliged to elect in favour of the latter Whistler v. IVebster 2 Jun. [...] In that capacity he receives the legacy of i 000 rupees and accounts to B for the rents of the lands of Sultanpore which accrued after the death of the testator and before the death of C. In his individual character he retains the lands of Sultanpore in opposition to the will.
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Segment Pages Author Actions
Frontmatter
i-lxiv unknown view
Introductory Notes
1-8 unknown view
Act XXXI of 1870
9-78 unknown view
Act X of 1865
79-121 unknown view
Part VIII Act X 1865
122-148 unknown view
Part X Act X 1865
149-184 unknown view
Part XI Act X 1865
185-343 unknown view
Part XII Act X 1865
344-379 unknown view
Part XIII Act X 1865
380-406 unknown view
Part XIV Act X 1865
407-408 unknown view
Part XV Act X 1865
409-420 unknown view
Part XVI Act X 1865
421-453 unknown view
Part XVII Act X 1865
454-474 unknown view
Part XVIII Act X 1865
475-478 unknown view
Part XIX Act X 1865
479-492 unknown view
Part XX Act X 1865
493-496 unknown view
Part XXI Act X 1865
497-511 unknown view
Part XXII Act X 1865
512-519 unknown view
Part XXIII Act X 1865
520-520 unknown view
Part XXIV Act X 1865
521-525 unknown view
Part XXV Act X 1865
526-534 unknown view
Part XXVI Act X 1865
535-540 unknown view
Part XXVII Act X 1865
541-557 unknown view
Part XXIX Act X 1865
558-562 unknown view
Chapter 1. Preliminary
563-567 unknown view
Chapter II. Of Grant of Probate and Letters of Administration
568-643 unknown view
Chapter III. Of Limited Grants
644-695 unknown view
Chapter IV. Alteration and Revocation of Grants
696-717 unknown view
Chapter V. Of the Practice in Granting and Revoking Probates and Letters of Administration
718-802 unknown view
Chapter VI. Of the Powers of an Executor or Administrator
803-833 unknown view
Chapter VII. Of the Duties of an Executor or Administrator
834-866 unknown view
Chapter VIII. Of the Executor’s Assent to a Legacy
867-876 unknown view
Chapter IX. Of the Payment and Apportionment of Annuities
877-878 unknown view
Chapter X. Of the Investment of Funds to Provide for Legacies
879-887 unknown view
Chapter XI. Of the Produce and Interest of Legacies
888-893 unknown view
Chapter XII. Of the Refunding of Legacies
894-903 unknown view
Chapter XIII. Of the Liability of an Executor or Administrator for Devastation
904-910 unknown view
Appendix
911-972 unknown view
Index of Subjects
973-1056 unknown view

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