Report No. 110

22.6. Section 140-Bequest of fund for certain purposes, some of which cannot be fulfilled.-

Section 140 reads:-

"140. Where a testator does not absolutely bequeath a fund, so as to sever it from his own estate, but gives it for certain purposes, and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains a part of the estate of the testator.

Illustrations

(i) A directs that his trustees shall invest a sum of money in a particular way, and shall pay the interest to his son for life, and at his death shall divide the principal among his children. The son dies without having ever had a child. The fund, after the son's death, belongs to children. The daughters have no children. The fund belongs to the estate of the testator.

(ii) A bequeaths the residue of the estate, to be divided equally among his daughters, with a direction that they are to have the interest only during their lives, and that they at their decease the fund shall go to their children. The daughters have no children. The fund belongs to the estate of the testator."