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Report No. 110

Chapter 22

Bequests with Directions as to Application or Enjoyment (Sections 138 to 140)

22.1. Scope.-

Provisions as to bequests with directions as to application or enjoyment of the property bequeathed are to be found in sections 138 to 140. The principal object of these sections is to define the circumstances in which such directions can be validly incorporated in the will. If there is an absolute bequest1 directions restrictive of application or enjoyment are void: sections 138 and 139. This is known as the Rule in Lassence v. Tierney, (1849) 1 M&G 551. But if there is no absolute bequest, they are valid: section 140. This general principle underlies the three sections-though, of course, it is not so simply stated.

1. See marginal note to section 138 and Hancock v. Watson, 1902 AC 14 ("absolute gift").

The Indian Succession Act, 1925 Back

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