The Succession Act (Act No. X of 1865)

PART I. Preliminary. (Short Title.) 　1. This Act may be cited as “The Indian Succession Act, 1865.” (This Act to constitute the law of British India in cases of Intestate or Testamentary Succession.) 　2. Except as provided by this Act or by Any other law, for the time. being in force, the rules herein contained shall constitute the law of British India applicable to all cases of Intestate or Testamentary Succession. (Interpretation Clause.) 　3. In this Act, unless there be something repugnant in the subject or context — (“ Number.”)(“ Gender.”) Words importing the singular number include the plural: words importing the plural number include the singular; and words importing the male sex include females. (“ Person.”) “ Person” includes any Company or Association, or body of persons whether incorporated or not. (“ Year.”)(“ Month.”) “ Year” and “ Month” respectively mean a year and month reckoned according to the British Calendar. (“ Immoveable property.”) “ Immoveable property” includes land, incorporeal tenements and things attached to the earth, or permanently fastened to anything which is attached to the earth. (“ Moveable property.”) “Moveable property” means property of every description except immoveable property. (“ Province.”) “Province” includes any division of British India having a Court of the last resort. (“ British India.”) “ British India” means the Territories which are, or may become, vested in Her Majesty or her successors by the Statutes 21 and 22 Vic., Cap. 106 (An Act for the better Government of India) other than the Settlement of Prince of Wales’ Island, Singapore, and Malacca. (“ District Judge.”) “ District Judge” means the Judge of a principal Civil Court of original jurisdiction. (“ Minor.”)(“ Minority.”) “ Minor” means any person who shall not have completed the age of eighteen years, and “ minority” means the status of such person. (“Will.”) “ Will” means the legal declaration of the intentions of the testator with respect to his property, which he desires to be carried into effect after his death. (“Codicil.”) “ Codicil” means an instrument made in relation to a Will, and explaining, altering or adding to its dispositions. It is considered as forming an additional part of the Will. (“ Probate.”) “ Probate” means the copy of a Will certified under the seal of a Court of competent jurisdiction, with a grant of administration to the estate of the testator. (“ Executor.”) “ Executor” means a person to whom the execution of the last Will of a deceased person is, by the testator’s appointment, confided. (“ Administrator.”) “ Administrator” means a person appointed by competent authority to administer the estate of a deceased person when there is no executor. (“ High Court.”) And in every part of British India to which this Act shall extend, “Local Government” shall mean the person authorized by law to administer Executive Government in such part; and “ High Court” shall mean the highest Civil Court of Appeal therein. (Interests and powers not acquired nor lost by marriage.) 　4. No person shall, by marriage, acquire any interest in the property of the person whom he or she marries, nor become incapable of doing any act in respect of his or her own property, which he or she could have done if unmarried. PART II. Of Domicile. (Law regulating succession to a deceased person's immoveable and moveable property, respectively.) 　5. Succession to the immoveable property in British India of a person deceased is regulated by the law of British India, wherever he may have had his domicile at the time of his death. Succession to the moveable property of a person deceased is regulated by the law of the country in which he had his domicile at the time of his death. (One domicile only affects succession to moveables.) 　6. A person can only have one domicile for the purpose of succession to his moveable property. (Domicile of origin of person of legitimate birth.) 　7. The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled: or if he is a posthumous child, in the country in which his father was domiciled at the time of the father’s death. (Domicile of origin of illegitimate child.) 　8. The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled. (Continuance of domicile of origin.) 　9. The domicile of origin prevails until a new domicile has been acquired. (Acquisition of new domicile.) 　10. A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin. Explanation. — A man is not to be considered as having taken up his fixed habitation in British India merely by reason of his residing there in Her Majesty’s Civil or Military Service, or in the exercise of any profession or calling. (Special mode of acquiring domicile in British India.) 　11. Any person may acquire a domicile in British India by making and depositing in some Office in British India (to be fixed by the Local Government), a declaration in writing under his hand of his desire to acquire such domicile, provided that he shall have been resident in British India for one year immediately preceding the time of his making such declaration. (Domicile not acquired by residence in a country merely as the representative of a foreign Government, or by residence with him as part of his family or as a servant.) 　12. A person who is appointed by the Government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of his appointment; nor does any other person acquire such domicile by reason only of residing with him as part of his family or as a servant. (Continuance of new domicile.) 　13. A new domicile continues until the former domicile has been resumed, or another has been acquired. (Minor's domicile.) 　14. The domicile of a minor follows the domicile of the parent from whom he derived his domicile of origin. Exception. — The domicile of a minor does not change with that of his parent, if the minor is married or holds any office or employment in the service of Her Majesty, or has set up, with the consent of the parent, in any distinct business. (Domicile acquired by a woman on marriage.) 　15. By marriage a woman acquires the domicile of her husband, if she had not the same domicile before. (Wife’s domicile during marriage.) 　16. The wife’s domicile during the marriage follows the domicile of her husband. Exception. — The wife’s domicile no longer follows that of her husband if they be separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation. (Except in cases stated minor cannot acquire a new domicile.) 　17. Except in the cases above provided for, a person cannot during minority acquire a new domicile. (Lunatic's acquisition of new domicile.) 　18. An insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person. (Succession to a person's moveable property in British India, in absence of proof of his domicile elsewhere.) 　19. If a man dies leaving moveable property in British India; in the absence of proof of any domicile elsewhere, succession to the property is regulated by the law of British India. PART III. Of Consanguinity. (Kindred or consanguinity.) 　20. Kindred or consanguinity is the connexion or relation of persons descended from the same stock or common ancestor. (Lineal consanguinity.) 　21. Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather, and great-grandfather, and so upwards in the direct ascending line; or between a man, his son, grandson, great-grandson, and so downwards in the direct descending line. Every generation constitutes a degree, either ascending or descending. A man’s father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third. (Collateral consanguinity.) 　22. Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other. For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is proper to reckon upwards from the person deceased to the common stock, and then downwards to the collateral relative, allowing a degree for each person, both ascending and descending. (Persons held for purpose of succession to be similarly related to the deceased.) 　23. For the purpose of succession, there is no distinction between those who are related to a person deceased through his father and those who are related to him through his mother; nor between those who are related to him by the full blood, and those who are related to him by the half blood; nor between those who were actually born in his life time, and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive. (Mode of computing degrees of kindred.) 　24. In the annexed table of kindred the degrees are computed as far as the sixth, and are marked by numeral figures. The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in the fourth degree; there being one degree of ascent to the father, and another to the common ancestor the grandfather; and from him one of descent to the uncle, and another to the cousin-german; making in all four degrees. PART IV. Of Intestacy. (As to what property a deceased person is considered to have died intestate.) 　25. A man is considered to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. (Devolution of such property.) 　26. Such property devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules herein prescribed. Explanation. — The widow is not entitled to the provision hereby made for her, if by a valid contract made before her marriage she has been excluded from her distributive share of her husband’s estate. (Where the intestate has left a widow and lineal descendants, or a widow and kindred only, or a widow and no kindred.) 　27. Where the intestate has left a widow, if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules herein contained. If he has left no lineal descendants, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the rules herein contained. If he has left none who are of kindred to him, the whole of his property shall belong to his widow. (Where the intestate has left no widow, and where he has left no kindred.) 　28. Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules herein contained: and if he has left none who are of kindred to him, it shall go to the Crown. PART V. Of the Distribution of an Intestate's Property. (a). Where hhe has left lineal descendants. (Rules of distribution.) 　29. The rules for the distribution of the intestate’s property (after deducting the widow’s share, if he has left a widow) amongst his lineal descendants are as follows: — (Where the intestate has left a child or children only.) 　30. Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there be only one, or shall be equally divided among all his surviving children. (Where the intestate has left no child, but a grandchild or grandchildren.) 　31. Where the intestate has not left surviving him any child, but has left a grandchild or grandchildren, and no more remote descendant through a deceased grandchild, the property shall belong to his surviving grandchild if there be only one, or shall be equally divided among all his surviving grandchildren. (Where the intestate has left only great-grandchildren or lineal descendants in a remoter degree.) 　32. In like manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate, where they are all in the degree of great-grandchildren to him, or are all in a more remote degree. (b). Where the Intestate has left no lineal descendants. (Where the intestate leaves lineal descendants not all in the same degree of kindred to him and those through whom the more remote descend are dead.) 　33. If the intestate has left lineal descendants who do not all stand in the same degree of kindred to him, and the persons through whom the more remote are descended from him are dead, the property shall be divided into such a number of equal shares as may correspond with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, died before him leaving lineal descendants who survived him; and one of such shares shall be allotted to each of the lineal descendants who stood in the nearest degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect of each of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal descendants shall belong to his surviving child or children or more remote lineal descendants, as the case may be; such surviving child or children or more remote lineal descendants always taking the share which his or their parent or parents would have been entitled to respectively if such parent or parents had survived the intestate. (Rules of distribution where the intestate has left no lineal descendants.) 　34. Where an intestate has left no lineal descendants, the rules for the distribution of his property (after deducting the widow’s share, if he has left a widow) are as follows: — (Where intestate’s father is living.) 　35. If the intestate’s father be living, he shall succeed to the property. (Where intestate's father is dead but his mother, brothers and sisters are living.) 　36. If the intestate’s father is dead, but the intestate’s mother is living, and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. (Where intestate’s father is dead and his mother, a brother or sister, and children of any deceased brother or sister are living.) 　37. If the intestate’s father is dead, but the intestate’s mother is living, and if any brother or sister, and the child or children of any brother or sister who may have died in the intestate’s lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children, if more than one taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death. (Where intestate’s father is dead and his mother and the children of any deceased brother or sister are living.) 　38. If the intestate’s father is dead, but the intestate’s mother is living and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the share which their respective parents would have taken if living at the intestate’s death. (Where intestate’s father is dead, but his mother is living, and there is no brother nor sister nor nephew.) 　39. If the intestate’s father is dead, but the intestate’s mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother. (Where intestate has left neither lineal descendant nor father nor mother.) 　40. Where the intestate has left neither lineal descendant, nor father, nor mother, the property is divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the share which their respective parents would have taken if living at the intestate’s death. (Where intestate has left neither lineal descendant, nor parent, nor brother nor sister.) 　41. If the intestate left neither lineal descendant, nor parent, nor brother nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. (Children’s advancements not to be brought into hotchpot.) 　42. Where a distributive share in the property of a person who has died intestate shall be claimed by a child, or any descendant of a child of such person, no money or other property which the intestate may during his life have paid, given, or settled to or for the advancement of the child by whom or by whose descendant the claim is made, shall be taken into account in estimating such distributive share. Past VI. Of the Effect of Marriage and Marriage Settlements on Property. (Rights of widower and widow respectively.) 　43. The husband surviving his wife has the same rights in respect of her property, if she die intestate, as the widow has in respect of her husband’s property, if he die intestate. (No rights to property not comprised in an antenuptial settlement, acquired by marriage between a person domiciled and a person not domiciled in British India.) 　44. If a person whose domicile is not in British India marries in British India a person whose domicile is in British India, neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire thereby if both were domiciled in British India at the time of the marriage. (Settlement of minor's property in contemplation of marriage.) 　45. The property of a minor may be settled in contemplation of marriage, provided the settlement be made by the minor with the approbation of the minor’s father, or if he be dead or absent from British India, with the approbation of the High Court. PART VII. Of Wills and Codicils. (Persons capable of making Wills.) 　46. Every person of sound mind and not a minor, may dispose of his property by Will. Explanation 1. — A married woman may dispose by Will of any property which she could alienate by her own act during her life. Explanation 2. — Persons who are deaf, or dumb, or blind are not thereby incapacitated for making a Will if they are able to know what they do by it. Explanation 3. — One who is ordinarily insane may make a Will during an interval in which he is of sound mind. Explanation 4. — No person can make a Will while he is in such a state of mind, whether arising from drunkenness, or from illness, or from any other cause, that he does not know what he is doing. (Testamentary Guardian.) 　47. A father, whatever his age may be, may by Will appoint a guardian or guardians for his child during minority. (Will obtained by fraud, coercion or importunity.) 　48. A Will or any part of a Will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. (Will may be revoked or altered.) 　49. A Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will. PART VIII. Of the Execution of unprivileged Wills. (Execution of unprivileged Wills.) 　50. Every testator, not being a soldier employed in an expedition, or engaged in actual warfare, or a mariner at sea, must execute his Will according to the following rules: — First. — The testator shall sign or shall affix his mark to the Will, or it shall be signed by some other person in his presence and by his direction. Second. — The signature or mark of the testator or the signature of the person signing for him shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a Will. Third. — The Will shall be attested by two or more witnesses, each of whom must have seen the testator sign or affix his mark to the Will, or have seen some other person sign the Will in the presence and by the direction of the testator, or have received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each of the witnesses must sign the Will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary. (Incorporation of papers by reference.) 　51. If a testator, in a Will or Codicil duly attested, refers to any other document then actually written, as expressing any of his intentions, such document shall be considered as forming a part of the Will or Codicil in which it is referred to. PART IX. Of Privileged Wills. (Privileged Will.) 　52. Any soldier being employed in an expedition, or engaged in actual warfare, or any mariner being at sea, may, if he has completed the age of eighteen years, dispose of his property by a Will made as is mentioned in the fifty-third Section. Such Wills are called privileged Wills. (Mode of making, and rules for executing privileged Wills.) 　53. Privileged Wills may be in writing, or may be made by word of mouth. The execution of them shall be governed by the following rules: — First. — The Will may be written wholly by the testator, with his own hand. In such case it need not be signed nor attested. Second. — It may be written wholly or in part by another person, and signed by the testator. In such case it need not be attested. Third. — If the instrument purporting to be a Will is written wholly, or in part, by another person, and it is not signed by the testator, it shall be considered to be his Will, if it be shown that it was written by the testator’s, directions, or that he recognized it as his Will. If it appear on the face of the instrument, that the execution of it in the manner intended by him was not completed, the instrument shall not by reason of that circumstance be invalid, provided that his non-execution of it can be reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument. Fourth. — If the soldier or mariner shall have written instructions for the preparation of his Will, but shall have died before it could be prepared and executed, such instructions shall be considered to constitute his Will. Fifth. — If the soldier or mariner shall in the presence of two witnesses have given verbal instructions for the preparation of his Will, and they shall have been reduced into writing in his life-time, but he shall have died before the instrument could be prepared and executed, such instructions shall be considered to constitute his Will, although they may not have been reduced into writing in his presence, nor read over to him. Sixth. — Such soldier or mariner as aforesaid may make a Will by word of mouth by declaring his intentions before two witnesses present at the same time. Seventh. — A Will made by word of mouth shall be null at the expiration of one month after the testator shall have ceased to be entitled to make a privileged Will. PART X. Of the Attestation, Revocation, Alteration and Revival of Wills. (Effect of gift to attesting witness.) 　54. A Will shall not be considered as insufficiently attested by reason of any benefit thereby given, either by way of bequest or by way of appointment, to any person attesting it, or to his or her wife or husband: but the bequest or appointment shall be void so far as concerns the person so attesting, or the wife or husband of such person, or any person claiming under either of them. Explanation. — A legatee under a Will does not lose his legacy by attesting a Codicil which confirms the Will. (Witness not disqualified by interest or by being executor.) 　55. No person, by reason of interest in or of his being an executor of a Will, is disqualified as a witness to prove the execution of the Will or to prove the validity or invalidity thereof. (Revocation of Will by testator’s marriage.) 　56. Every Will shall be revoked by the marriage of the maker, except a Will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not in default of such appointment pass to his or his executor, or administrator, or to the person entitled in case of intestacy. (Power of appointment defined.) Explanation. — Where a man is invested with power to determine the disposition of property of which he is not the owner, he is said to have power to appoint such property. (Revocation of unprivileged Will or Codicil.) 　57. No unprivileged Will or Codicil, nor any part thereof, shall be revoked otherwise than by marriage, or by another Will or Codicil, or by some writing declaring an intention to revoke the same, and executed in the manner in which an unprivileged Will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. (Effect of obliteration, interlineation, or alteration in unprivileged Will.) 　58. No obliteration, interlineation or other alteration made in any unprivileged Will after the execution thereof shall have any effect, except so far as the words or meaning of the Will shall have been thereby rendered illegible or undiscernible, unless such alteration shall be executed in like manner as hereinbefore is required for the execution of the Will; save that the Will, as so altered, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the Will opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such alteration, and written at the end or some other part of the Will. (Revocation of privileged Will or Codicil.) 　59. A privileged Will or Codicil may be revoked by the testator, by an unprivileged Will or Codicil, or by any act expressing an intention to revoke it, and accompanied with such formalities as would be sufficient to give validity to a privileged Will, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Explanation. — In order to the revocation of a privileged Will or Codicil by an act accompanied with such formalities as would be sufficient to give validity to a privileged Will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged Will. (Extent of revival of Will or Codicil partly revoked and afterwards wholly revoked.) 　60. No unprivileged Will or Codicil, nor any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a Codicil executed in manner hereinbefore required, and showing an intention to revive the same; and when any Will or Codicil which shall be partly revoked, and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary shall be shown by the Will or Codicil. PART XI. Of the Construction of Wills. (Wording of Will.) 　61. It is not necessary that any technical words or terms of art shall be used in a Will, but only that the wording shall be such that the intentions of the testator can be known therefrom. (Enquiries to determine questions as to object or subject of Will.) 　62. For the purpose of determining questions as to what property is denoted by any words used in a Will, a Court must inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. (Misnomer or misdescription of object.) 　63. Where the words used in the Will to designate or describe a legatee, or a class of legatees, sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. (When words may be supplied.) 　64. Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. (Rejection of erroneous particulars in description of subject.) 　65. If the thing which the testator intended to bequeath can be sufficiently identified from the description of it given in the Will, but some parts of the description do not apply, such parts or the description shall be rejected as erroneous, and the bequest shall take effect. (When part of description may not be rejected as erroneous.) 　66. If the Will mentions several circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such property, and it shall not be lawful to reject any part of the description as erroneous, because the testator had other property to which such part of the description does not apply. Explanation. — In judging whether a case falls within the meaning of this Section, any words which would be liable to rejection under Section 65 are to be considered as struck out of the Will. (Extrinsic evidence admissible in case of latent ambiguity.) 　67. Where the words of the Will are unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can have been intended by the testator, extrinsic evidence may be taken to show which of these applications was intended. (Extrinsic evidence inadmissible in cases of patent ambiguity or deficiency.) 　68. Where there is an ambiguity or deficiency on the face of the Will, no extrinsic evidence as to the intentions of the testator shall be admitted. (Meaning of any clause to be collected from entire Will.) 　69. 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; and for this purpose a Codicil is to be considered as part of the Will. (When words may be understood in a restricted sense, and when in a sense wider than usual.) 　70. 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. (When a clause is open to two constructions, that which has some effect is to be preferred.) 　71. Where a clause is susceptible of two meanings, according to one of which it has effect, and according to the other it can have none, the former is to be preferred. (No part of a Will to be rejected, if reasonable construction can be put on it.) 　72. No part of a Will is to be rejected as destitute of meaning if it is possible to put a reasonable construction upon it. (Interpretation of words repeated in different parts of Will.) 　73. If the same words occur in different parts of the same Will, they must be taken to have been used everywhere in the same sense, unless there appears an intention to the contrary. (Testator’s intention to be effectuated as far as possible.) 　74. The intention of the testator is not to be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. (The last of two inconsistent clauses prevails.) 　75. Where two clauses or gifts in a Will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. (Will or bequest void for uncertainty.) 　76. A Will or bequest not expressive of any definite intention is void for uncertainty. (Words describing subject refer to property answering that description at testator’s death.) 　77. The description contained in a Will, of property the subject of gift, shall, unless a contrary intention appear by the Will, be deemed to refer to and comprise the property answering that description at the death of the testator. (Power of appointment executed by general bequest.) 　78. Unless a contrary intention shall appear by the Will, a bequest of the estate of the testator shall be construed to include any property which he may have power to appoint by Will to any object he may think proper, and shall operate as an execution of such power; and a bequest of property described in a general manner shall be construed to include any property to which such description may extend, which he may have power to appoint by Will to any object he may think proper, and shall operate as an execution of such power. (Implied gift to the objects of a power in default of appointment.) 　79. Where property is bequeathed to or for the benefit of such of certain objects as a specified person shall appoint, or for the benefit of certain objects in such proportions as a specified person shall appoint; and the Will does not provide for the event of no appointment being made; if the power given by the Will be not exercised, the property belongs to all the objects of the power in equal shares. (Bequest to ”heirs,” &c., of a particular person without qualifying terms.) 　80. Where a bequest is made to the “ heirs,” or “ right heirs,” or “relations,” or “ nearest relations,” or “ family ” or “ kindred,” or “nearest of kin,” or “ next of kin,” of a particular person, without any qualifying terms, and the class so designated forms the direct and independent object of the bequest the property bequeathed shall be distributed as if it had belonged to such person, and he had died intestate in respect of it, leaving assets for the payment of his debts independently of such property. (Bequest to “representatives,” &c., of a particular person.) 　81. Where a bequest is made to the “ representatives,” or “ legal representatives,” or “ personal representatives” or “ executors or administrators” of a particular person, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person, and he had died intestate in respect of it. (Bequest without words of limitation.) 　82. Where property is bequeathed to any person, he is entitled to the whole interest of the testator therein, unless it appears from the Will that only a restricted interest was intended for him. (Bequest in the alternative.) 　83. Where property is bequeathed to a person, with a bequest in the alternative to another person or to a class of persons; — if a contrary intention does not appear by the Will, the legatee first named shall be entitled to the legacy, if he be alive at the time when it takes effect; but if he be then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. (Effect of words describing a class added to a bequest to a person.) 　84. Where property is bequeathed to a person, and words are added which describe a class of persons, but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the Will. (Bequest to a class of persons under a general description only.) 　85. Where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy. (Construction of terms.) 　86. The word “ children” in a Will applies only to lineal descendants in the first degree; the word “ grandchildren” applies only to lineal descendants in the second degree of the person whose “ children,” or “ grandchildren,” are spoken of; the words “ nephews” and “ nieces” apply only to children of brothers or sisters; the words “ cousins,” or “ first cousins,” or “ cousins german” apply only to children of brothers or of sisters of the father or mother of the person whose “ cousins,” or “ first cousins,” or “ cousins german,” are spoken of; the words “ first cousins once removed” apply only to children of cousins german, or to cousins german of a parent, of the person whose “ first cousins once removed” are spoken of; the words “ second cousins” apply only to grandchildren of brothers or of sisters of the grandfather or grandmother of the person whose “ second cousins” are spoken of; the words “ issue” and “ descendants” apply to all lineal descendants whatever of the person whose “ issue” or “ descendants,” are spoken of. Words expressive of collateral relationship apply alike to relatives of full and of half blood. All words expressive of relationship apply to a child in the womb who is afterwards born alive. (Words expressing relationship denote only legitimate relatives, or failing such, relatives reputed legitimate.) 　87. In the absence of any intimation to the contrary in the Will, the term “ child,” “ son,” or “ daughter,” or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or where there is no such legitimate relative, a person who has acquired, at the date of the Will, the reputation of being such relative. (Rules of construction where a Will purports to make two bequests to the same person.) 　88. Where a Will purports to make two bequests to the same person, and a question arises whether the testator intended to make the second bequest instead of or in addition to the first; if there is nothing in the Will to show what he intended, the following rules shall prevail in determining the construction to be put upon the Will. First. — If the same specific thing is bequeathed twice to the same legatee in the same Will, or in the Will and again in a Codicil, he is entitled to receive that specific thing only. Second. — Where one and the same Will or one and the same Codicil purports to make in two places a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. Third. — Where two legacies of unequal amount are given to the same person in the same Will, or in the same Codicil, the legatee is entitled to both. Fourth. — Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a Will and the other by a Codicil, or each by a different Codicil, the legatee is entitled to both legacies. Explanation. — In the four last rules, the word Will does not include a Codicil. (Constitution of residuary legatee.) 89, A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property. (Property to which a residuary legatee is entitled.) 　90. Under a residuary bequest, the legatee is entitied to all property belonging to the testator at the time of his death, of which he has not made any other testamentary disposition which is capable of taking effect. (Time of vesting of legacy in general terms.) 　91. If a legacy be given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator, and if he dies without having received it, it shall pass to his representatives. (In what case a legacy lapses.) 　92. If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator’s property, unless it appear by the Will that the testator intended that it should go to some other person. In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he survived the testator. (A legacy does not lapse if one of two joint legatees die before the testator.) 　93. If a legacy be given to two persons jointly, and one of them die before the testator, the other legatee takes the whole. (Effect in such a case, of words showing testator’s intention that the shares should be distinct.) 　94. But where a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then if any legatee die before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator’s property. (When lapsed share goes as undisposed of.) 　95. Where the share that lapses is a part of the general residue bequeathed by the Will, that share shall go as undisposed of. (When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime.) 　96. Where a bequest shall have been made to any child or other lineal descendant of the testator, and the legatee shall die in the lifetime of the testator, but any lineal descendant of his shall survive the testator, the bequest shall not lapse, but shall take effect as if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention shall appear by the Will. (Bequest to A for the benefit of B does not lapse by A’s death in testator’s lifetime.) 　97. Where a bequest is made to one person for the benefit of another, the legacy does not lapse by the death, in the testator’s lifetime, of the person to whom the bequest is made. (Survivorship in case of bequest to a described class.) 　98. Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as shall be alive at the testator’s death. Exception. — If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise, the property shall at that time go to such of them as shall be then alive, and to the representatives of any of them who have died since the death of the testator. PART XII. Of void Bequests. (Bequest to a person by a particular description, who is not in existence at the testator's death.) 　99. Where a bequest is made to a person by a particular description, and there is no person in existence at the testator’s death who answers the description, the bequest is void. Exception. — If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest, or otherwise; and if a person answering the description, is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or if he be dead, to his representatives. (Bequest to a person not in existence at the testator’s death, subject to a prior bequest.) 　100. Where a bequest is made to a person not in existence at the time of the testator's death, subject to a prior bequest contained in the Will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. (Rule against perpetuity.) 　101. No bequest is valid whereby the vesting of the thing bequeathed may be delayed beyond the life-time of one or more persons leaving at the testator’s decease, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the thing bequeathed is to belong. (Bequest to a class, some of whom may come under the rules in the Sections 100,101.) 　102. If a bequest is made to a class of persons, with regard to some of whom it is inoperative by reason of the rules contained in the two last preceding Sections, or either of them, such bequest shall be wholly void. (Bequest to take effect on failure of bequest void under Sections 100, 101 or 102.) 　103. Where a bequest is void by reason of any of the rules contained in the three last preceding Sections, any bequest contained in the same Will, and intended to take effect after or upon failure of such prior bequest, is also void. (Effect of direction for accumulation.) 　104. A direction to Accumulate the income arising from any property shall be void; and the property shall be disposed of as if no accumulation had been directed. Exception. — Where the property is immoveable, or where accumulation is directed to be made from the death of the testator, the direction shall be valid in respect only of the income arising from the property within one year next following the testator’s death; and at the end of the year such property and income shall be disposed of respectively, as if the period during which the accumulation has been directed to be made had elapsed. (Bequest to religious or charitable uses.) 　105. No man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a Will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the Wills of living persons. PART XIII. Of the Vesting of Legacies. (Date of vesting of legacy when payment or possession postponed.) 　106. Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the Will, become vested in the legatee on the testator’s death, and shall pass to the legatee’s representatives if he dies before that time and without having received the legacy. And in such cases the legacy is from the testator’s death said to be vested in interest. Explanation. — An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives, or from a provision that if a particular event shall happen, the legacy shall go over to another person. (Date of vesting when legacy is contingent upon a specified uncertain event.) 　107. A legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens. A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the happening of that event becomes impossible. In either case, until the condition has been fulfilled, the interest of the legatee is called contingent. Exception. — Where a fund is bequeathed to any person upon his attaining a particular age, and the Will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his benefit; the bequest of the fund is not contingent. (Vesting of interest in a bequest to such members of a class as shall have attained a particular age.) 　108. Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy. PART XIV. Of Onerous Bequests. (Onerous bequest.) 　109. Where a bequest imposes an obligation on the legatee, he can take nothing by it unless he accepts it fully. (One of two separate and independent bequests to same person may be accepted, and the other refused.) 　110. Where a Will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous. PART XV. Of Contingent Bequests. (Bequest contingent upon a specified uncertain event, no time being mentioned for its occurrence.) 　111. Where a legacy is given if a specified uncertain event shall happen, and no time is mentioned in the Will for the occurrence of that event, the legacy cannot take effect unless such event happens before the period when the fund bequeathed is payable or distributable. (Bequest to such of certain persons as shall be surviving at some period not specified.) 　112. Where a bequest is made to such of certain persons as shall be surviving at some period, but the exact period is not specified, the legacy shall go to such of them as shall be alive at the time of payment or distribution, unless a contrary intention appear by the Will. PART XVI. Of Conditional Bequests. (Bequest upon impossible condition.) 　113. A bequest upon an impossible condition is void. (Bequest upon illegal or immoral condition.) 　114. A bequest upon a condition, the fulfilment of which would be contrary to law or to morality, is void. (Fulfilment of condition precedent to the vesting of a legacy.) 　115. Where a Will imposes a condition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be considered to have been fulfilled if it has been substantially complied with. (Bequest to A, and on failure of the prior bequest, to B.) 　116. Where there is a bequest to one person and a bequest of the same thing to another if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest, although the failure may not have occurred in the manner contemplated by the testator. (Case in which the second bequest shall not take effect on failure of the first.) 　117. Where the Will shows an intention that the second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect unless the prior bequest fails in that particular manner. (Bequest over, conditional upon the happening or not happening of a specified uncertain event.) 　118. A bequest may be made to any person with the condition superadded that in case a specified uncertain event shall happen, the thing bequeathed shall go to another person; or, that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person. In each case the ulterior bequest is subject to the rules contained in Sections 107, 108, 109, 110, 111, 112, 113, 114, 116, 117. (Condition must be strictly fulfilled.) 　119. An ulterior bequest of the kind contemplated by the last Section cannot take effect, unless the condition is strictly fulfilled. (Original bequest not affected by invalidity of second.) 　120. If the ulterior bequest be not valid, the original bequest is not affected by it. (Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen or not happen.) 　121. A bequest may be made with the condition superadded that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. (Such condition must not be invalid under Section 107.) 　122. In order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by Section 107. (Result of legatee rendering impossible or indefinitely postponing an act for which no time is specified and on the non-performance of which the subject-matter is to go over.) 　123. Where a bequest is made with a condition superadded that unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect; but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. (Further time allowed in case of fraud.) 　124. Where the Will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfilment of which the subject-matter of the bequest is to go over to another person, or the bequest is to cease to have effect; the act must be performed within the time specified, unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud. PART XVII. Of Bequests with Directions as to Application or Enjoyment. (Direction that funds be employed in a particular manner following an absolute bequest of the same to or for the benefit of any person.) 　125. Where a fund is bequeathed absolutely to or for the benefit of any person, but the Will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the Will had contained no such direction. (Direction that a mode of enjoyment of absolute bequest is to be restricted, to secure a specified benefit for the legatee.) 　126. Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him, as if the Will had contained no such direction. (Bequest of a fund for certain purposes, some of which cannot be fulfilled.) 　127. 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. PART XVIII. Of Bequests to an Executor. (Legatee named as executor cannot take unless he shews intention to act as executor.) 　128. If a legacy is bequeathed to a person who is named an executor of the Will, he shall not take the legacy unless he proves the Will or otherwise manifests an intention to act as executor. PART XIX. Of Specific Legacies. (Specific legacy defined.) 　129. Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific. (Bequest of a sum certain where the stocks, &c. in which it is invested are described.) 　130. Where a sum certain is bequeathed, the legacy is not specific merely because the stocks, funds, or securities in which it is invested are described in the Will. (Bequest of stock where the testator had at the date of his Will an equal or greater amount of stock of the same kind.) 　131. Where a bequest is made in general terms, of a certain amount of any kind of stock, the legacy is not specific merely because the testator was at the date of his Will possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed. (Bequest of money where it is not to be paid until some part of the testator’s property shall have been disposed of in a certain way.) 　132. A money legacy is not specific merely because the Will directs its payment to be postponed until some part of the property of the testator shall have been reduced to a certain form, or remitted to a certain place. (When enumerated articles are not to be deemed to be specifically bequeathed.) 　133. Where a Will contains a bequest of the residue of the testators property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. (Retention, in form, of specific bequest to several persons in succession.) 　134. 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. (Sale and investment of proceeds of property bequeathed to two or more persons in succession.) 　135. 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 to be made from time to time, authorize or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the Will. (Where there is a deficiency of assets to pay legacies, specific legacy not liable to abate with general legacies.) 　136. If there be a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies. PART XX. Of Demonstrative Legacies. (Demonstrative legacy defined.) 　137. Where a testator bequeaths a certain sum of money or a certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute the same the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative. Explanation — The distinction between a specific legacy and a demonstrative legacy consists in this, that where specified property is given to the legatee, the legacy is specific; where the legacy is directed to be paid out of specified property, it is demonstrative. (Order of payment when legacy is directed to be paid out of a fund the subject of a specific legacy.) 　138. Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund, and so far as the residue shall be deficient, out of the general assets of the testator. PART XXI. Of Ademption of Legacies. (Ademption explained.) 　139. If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is adeemed; that is, it cannot take effect by reason of the subject-matter having been withdrawn from the operation of the Will. (Non-ademption of demonstrative legacy.) 　140. A demonstrative legacy is not adeemed by reason that the property on which it is charged by the Will does not exist at the time of the death of the testator, or has been converted into property of a different kind; but it shall in such case be paid out of the general assets of the testator. (Ademption of specific bequest of right to receive something from a third party.) 　141. Where the thing specifically bequeathed is the right to receive something of value from a third party, and the testator himself receives it, the bequest is adeemed. (Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed.) 　142. The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received. (Ademption pro tanto by testator's receipt of portion of an entire fund on which a portion has been specifically bequeathed.) 　143. If a portion of an entire fund or stock be specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy. (Order of payment where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund to another, and the testator having received a portion of that fund, the remainder is insufficient to pay both legacies.) 　144. Where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee; if the testator receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator. (Ademption where stock, specifically bequeathed, does not exist at testator’s death.) 　145. Where stock which has been specifically bequeathed does not exist at the testator’s death, the legacy is adeemed. (Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator’s death.) 　146. Where stock which has been specifically bequeathed, does only in part exist at the testator’s death, the legacy is adeemed so far as regards that part of the stock which has ceased to exist. (Non-ademption of specific bequest of goods described as connected with a certain place by reason of removal.) 　147. A specific bequest of goods under a description connecting them with a certain place, is not adeemed by reason that they have been removed from such place from any temporary cause, or by fraud, or without the knowledge or sanction of the testator. (When removal of thing bequeathed does not constitute ademption.) 　148. The removal of the thing bequeathed from the place in which it is stated in the Will to be situated, does not constitute an ademption, where the place is only referred to in order to complete the description of what the testator meant to bequeath. (When the thing bequeathed is a valuable to be received by the testator from a third person; and the testator himself, or his representative, receives it.) 　149. Where the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which shall be received from the third person by the testator himself or by his representatives, the receipt of such sum of money or other commodity by the testator shall not constitute an ademption; but if he mixes it up with the general mass of his property, the legacy is adeemed. (Change by operation of law of subject of specific bequest between date of Will and testator’s death.) 　150. Where a thing specifically bequeathed undergoes a change between the date of the Will and the testator’s death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of such change. (Change of subject without testator's knowledge.) 　151. Where a thing specifically bequeathed undergoes a change between the date of the Will and the testator’s death, and the change takes place without the knowledge or sanction of the testator, the legacy is not adeemed. (Stock specifically bequeathed lent to a third party on condition that it shall be replaced.) 　152. Where stock which has been specifically bequeathed is lent to a third party on condition that it shall be replaced, and it is replaced accordingly, the legacy is not adeemed. (Stock specifically bequeathed, sold but replaced and belonging to the testator at his death.) 　153. Where stock specifically bequeathed is sold, and an equal quantity of the same stock is afterwards purchased and belongs to the testator at his death, the legacy is not adeemed. PART XXII. Of the Payment of Liabilities in respect of the Subject of a Bequest. (Non-liability of executor to exonerate specific legatees.) 　154. Where property specifically bequeathed is subject at the death of the testator to any pledge, lien or incumbrance, created by the testator himself or by any person under whom he claims; then, unless a contrary intention appears by the Will, the legatee, if he accepts the bequest, shall accept it subject to such pledge or incumbrance, and shall (as between himself and the testator's estate) be liable to make good the amount of such pledge or incumbrance. A contrary intention shall not be inferred from any direction which the Will may contain for the payment of the testator’s debts generally. Explanation. — A periodical payment in the nature of land-revenue or in the nature of rent is not such an incumbrance as is contemplated by this Section. (Completion of testator's title to things bequeathed to be at cost of his estate.) 　155. Where any thing is to be done to complete the testator’s title to the thing bequeathed, it is to be done at the cost of the testator’s estate. (Exoneration of legatee’s immoveable property for which land revenue or rent is payable periodically.) 　156. Where there is a bequest of any interest in immoveable property, in respect of which payment in the nature of land revenue or in the nature of rent has to be made periodically, the estate of the testator shall (as between such estate and the legatee) make good such payments or a proportion of them up to the day of his death. (Exoneration of specific legatee’s stock in a Joint Stock Company.) 　157. In the absence of any direction in the Will, where there is a specific bequest of stock in a Joint Stock Company, if any call or other payment is due from the testator at the time of his death in respect of such stock, such call or payment shall, as between the testator’s estate and the legatee, be borne by such estate; but if any call or other payment shall, after the testator’s death, become due in respect of such stock, the same shall, as between the testator’s estate and the legatee, be borne by the legatee if he accept the bequest. PART XXIII. Of Bequests of Things described in general Terms. (Bequest of thing described in general terms.) 　158. If there be a bequest of something described in general terms, the executor must purchase for the legatee what may reasonably be considered to answer the description. PART XXIV. Of Bequests of the Interest or Produce of a Fund. (Bequest of the interest or produce of a fund.) 　159. Where the interest or produce of a fund is bequeathed to any person, and the Will affords no indication of an intention that the enjoyment of the bequest should be of limited duration, the principal as well as the interest shall belong to the legatee. PART XXV. Of Bequests of Annuities. (Annuity created by Will is payable for life only, unless a contrary intention appears by the Will.) 　160. Where an annuity is created by Will, the legatee is entitled to receive it for his life only, unless a contrary intention appears by the Will. And this rule shall not be varied by the circumstance that the annuity is directed to be paid out of the property generally, or that a sum of money is bequeathed to be invested in the purchase of it. (Period of Testing where Will directs that an annuity be provided out of the proceeds of properly, or out of property generally, or where money is bequeathed to be invested in the purchase of an annuity.) 　161. Where the Will directs that an annuity shall be provided for any person out of the proceeds of property, or out of property generally, or where money is bequeathed to be invested in the purchase of an annuity for any person, on the testator’s death the legacy vests in interest in the legatee, and he is entitled at his option to have an annuity purchased for him, or to receive the money appropriated for that purpose by the Will. (Abatement of annuity.) 　162. Where an annuity is bequeathed, but the assets of the testator are not sufficient to pay all the legacies given by the Will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the Will. (Where there is a gift of an annuity, and a residuary gift, the whole of the annuity to be first satisfied.) 　163. Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the residue is paid to the residuary legatee, and, if necessary, the capital of the testator’s estate shall be applied for that purpose. PART XXVI. Of Legacies to Creditors and Portioners. (Creditor prim a facie entitled to legacy as well as debt.) 　164. Where a debtor bequeaths a legacy to his creditor, and it does not appear from the Will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy as well as to the amount of the debt. (Child primâ facie entitled to legacy as well as portion.) 　165. Where a parent who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his Will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy as well as the portion. (No ademption by subsequent provision for legatee.) 　166. No bequest shall be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee. PART XXVII. Of Election. (Circumstances in which election takes place.) 　167. Where a man, by his Will, professes to dispose of something which he has no right to dispose of, the person to whom the thing belongs shall elect either to confirm such disposition or to dissent from it, and in the latter case he shall give up any benefits which may have been provided for him by the Will. (Devolution of interest relinquished by the owner.) 　168. The interest so relinquished shall devolve as if it had not been disposed of by the Will in favour of the legatee, subject, nevertheless, to the charge of making good to the disappointed legatee the amount or value of the gift attempted to be given to him by the Will. (Testator’s belief as to his ownership immaterial.) 　169. This rule will apply whether the testator does or does not believe that which he professes to dispose of by his Will to be his own. (Bequest for a man’s benefit how regarded for the purpose of election.) 　170. A bequest for a man’s benefit is, for the purpose of election, the same thing as a bequest made to himself. (A person deriving a benefit indirectly not put to his election.) 　171. A person taking no benefit directly under the Will, but deriving a benefit under it indirectly, is not put to his election. (A person taking under a Will in his individual capacity, may in another character elect to take in opposition to it.) 　172. A person who in his individual capacity takes a benefit under the Will, may in another character elect to take in opposition to the Will. Exception to the six last Rules. — Where a particular gift is expressed in the Will to be in lieu of something belonging to the legatee, which is also in terms disposed of by the Will, if the legatee claims that thing, he must relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the Will. (When acceptance of a benefit given by a Will constitutes an election to take under the Will.) 　173. Acceptance of a benefit given by the Will constitutes an election by the legatee to take under the Will, if he has knowledge of his right to elect, and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives inquiry into the circumstances. (Presumption arising from enjoyment by legatee for two years.) 　174. Such knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him by the Will without doing any act to express dissent. (Confirmation of bequest by act of legatee.) 　175. Such knowledge or waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done. (Effect of non-compliance with their request within a reasonable time.) 　176. If the legatee shall not, within one year after the death of the testator, signify to the testator’s representatives his intention to confirm or to dissent from the Will, the representatives shall, upon the expiration of that period, require him to make his election; and if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the Will. (Postponement of election in case of disability.) 　177. In case of disability the election shall be postponed until the disability ceases, or until the election shall be made by some competent authority. PART XXVIII. Of Gifts in Contemplation of Death. (When it fails.) 　178. A man may dispose, by gift made in contemplation of death, of any moveable property which' he could dispose of by Will. A gift is said to be made in contemplation of death where a man who is ill and expects to die shortly of his illness, delivers to another the possession of any moveable property to keep as a gift in case the donor shall die of that illness. Such a gift may be resumed by the giver. It does not take effect if he recovers from the illness during which it was made; nor if he survives the person to whom it was made. PART XXIX. Of Grant of Probate and Letters of Administration. (Character and property of executor or administrator as such.) 　179. The executor or administrator, as the case may be, of a deceased person, is his legal representative for all purposes, and all the property of the deceased person vests in him as such. (Administration with copy annexed of authenticated copy of Will proved abroad.) 　180. When a Will has been proved and deposited in a Court of competent jurisdiction, situated beyond the limits of the Province, whether in the British dominions, or in a foreign country, and a properly authenticated copy of the Will is produced, letters of administration may be granted with a copy of such copy annexed. (Probate to be granted to executor appointed by Will.) 　181. Probate can be grantee only to an executor appointee by the Will. (Appointment express or implied.) 　182. The appointment may be express or by necessary implication. (Persons to whom probate cannot be granted.) 　183. Probate cannot be granted to any person who is a minor or is of unsound mind, nor to a married woman Without the previous consent of her husband. Grant of probate to several executors simultaneously or at different times. 　184. When several executors are appointed, probate may be granted to them all simultaneously or at different times. (Procedure when different executors are appointed by the Codicil.) 　185. If a Codicil be discovered after the grant of probate, a separate probate of that Codicil may be granted to the executor, if it in no way repeals the appointment of executors made by the Will. If different executors are appointed by the Codicil, the probate of the Will must be revoked, and a new probate granted of the Will and the Codicil together. (Accrual of representation to surviving executor.) 　186. When probate has been granted to several executors, and one of them dies, the entire representation of the testator accrues to the surviving executor or executors. (No right as executor or legatee can be established, unless probate or letters of administration shall have been granted by a competent Court.) 　187. No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction within the Province shall have granted probate of the Will under which the right is claimed, or shall have granted letters of administration under Section 180. (Probate establishes the Will from testator’s death.) 　188. Probate of a Will when granted establishes the Will from the death of the testator, and renders valid all intermediate acts of the executor as such. (Persons to whom letters of administration may not be granted.) 　189. Letters of administration cannot be granted to any person who is a minor or is of unsound mind, nor to a married woman without the previous consent of her husband. (No right to intestate’s property can be established, unless administration previously granted by a competent Court.) 　190. No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. (From what period letters of administration entitle administrator to intestate’s rights.) 　191. Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death. (Acts of administrator not validated by letters of administration.) 　192. Letters of administration do not render valid any intermediate acts of the administrator, tending to the diminution or damage of the intestate’s estate. (Exception.) 　193. When a person appointed an executor has not renounced the executorship, letters of administration shall not be granted to any other person until a citation has been issued, calling upon the executor to accept or renounce his executorship; except that when one or more of several executors have proved a Will, the Court may, on the death of the survivor of those who have proved, grant letters of administration without citing those who have not proved. (Form and effect of renunciation of executorship.) 　194. The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing, and when made shall preclude him from ever thereafter applying for probate of the Will appointing him executor. (Procedure where executor renounces or fails to accept within the time limited.) 　195. If the executor renounce, or fail to accept the executorship within the time limited for the acceptance or refusal thereof, the Will may be proved and letters of administration with a copy of the Will annexed, may be granted to the person who would be entitled to administration in case of intestacy. (Grant of administration to universal or residuary legatee.) 　196. When the deceased has made a Will, but has not appointed an executor, or when he has appointed an executor who is legally incapable or refuses to act, or has died before the testator, or before he has proved the Will, or when the executor dies after having proved the Will but before he has administered all the estate of the deceased; an universal or a residuary legatee may be admitted to prove the Will, and letters of administration with the Will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered. (Right to administration of representative of deceased residuary legatee.) 　197. When a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his representative has the same right to administration with the Will annexed as such residuary legatee. (Grant of administration with will annexed when there is no executor, nor residuary legatee, nor representative of such legatee.) 　198. When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the Will, and letters of administration may be granted to him or them accordingly. (Citation to be issued before grant of administration to any legatee other than universal or residuary.) 　199. Letters of administration with the Will annexed shall not be granted to any legatee other than an universal or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned, calling on the next of kin to accept or refuse letters of administration. (Order in which connections by marriage or consanguinity are entitled to administration.) 　200. When the deceased has died intestate, those who are connected with him either by marriage or by consanguinity, are entitled to obtain letters of administration of his estate and effects in the order and according to the rules hereinafter stated. (Administration to be granted to widow unless Court see cause to exclude her.) 　201. If the deceased lias left a widow, administration shall be granted to the widow unless the Court shall see cause to exclude her, either on the ground of some personal disqualification, or because she has no interest in the estate of the deceased. (Persons associated with widow in administration.) 　202. If the Judge think proper, he may associate any person or persons with the widow in the administration, who would be entitled solely to the administration if there were no widow. (Proviso.) 　203. If there be no widow, or if the Court see cause to exclude the widow, it shall commit the administration to the person or persons who would be beneficially entitled to the estate according to the rules for the distribution of an intestate’s estate; provided that when the mother of the deceased shall be one of the class of persons so entitled, she shall be solely entitled to administration. (Deceased's kindred of equal degree, equally entitled to administration.) 　204. Those who stand in equal degree of kindred to the deceased, are equally entitled to administration. (Right of widower to administration of wife’s estate.) 　205. The husband, surviving his wife, has the same right of administration of her estate as the widow has in respect of the estate of her husband. (Grant of administration to a creditor.) 　206. When there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration, and willing to act, they may be granted to a creditor. (Where deceased has left property in British India, administration must be granted according to the foregoing rules.) 　207. Where the deceased has left property in British India, letters of administration must be granted according to the foregoing rules, although he may have been a domiciled inhabitant of a country in which the law relating to testate and intestate succession differs from the law of British India. PART XXX. Of Limited Grants. (a). Grants limited in Duration. (Probate of copy or draft of lost Will.) 　208. When the Will has been lost or mislaid since the testator’s death, or has been destroyed by wrong or accident and not by any act of the testator, and a copy or the draft of the Will has been preserved, probate may be granted of such copy or draft, limited until the original or a properly authenticated copy of it be produced. (Probate of contents of lost or destroyed Will.) 　209. When the Will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents, if they can be established by evidence. (Probate of copy where original exists.) 　210. When the Will is in the possession of a person residing out of the Province in which application for probate is made, who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the Will or an authenticated copy of it be produced. (Administration until the Will be produced.) 　211. Where no Will of the deceased is forthcoming, but there is reason to believe that there is a Will in existence, letters of administration may be granted, limited until the Will, or an authenticated copy of it, be produced. (b.) Grants for the Use and Benefit of others having Right. (Administration, with the Will annexed, to Attorney of an absent executor.) 　212. When any executor is absent from the Province in which application is made, and there is no executor within the Province willing to act, letters of administration, with the Will annexed, may be granted to the Attorney of the absent executor, for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself. (Administration, with the Will annexed, to the Attorney of an absent person, who, if present, would be entitled to administer.) 　213. When any person to whom, if present, letters of administration with the Will annexed might be granted, is absent from the Province, letters of administration with the Will annexed may be granted to his Attorney, limited as above-mentioned. (Administration to Attorney of absent person entitled to administer in case of intestacy.) 　214. When a person entitled to administration in case of intestacy is absent from the Province, and no person equally entitled is willing to act, letters of administration may be granted to the Attorney of the absent person, limited as before mentioned. (Administration during minority.) 　215. When a minor is sole executor or sole residuary legatee, letters of administration, with the Will annexed, may be granted to the legal guardian of such minor or to such other person as the Court shall think fit until the minor shall have completed the age of eighteen years, at which period and not before, probate of the Will shall be granted to him. (Administration until one of several minor executors or residuary legatees attains majority.) 　216. When there are two or more minor executors and no executor who has attained majority, or two or more residuary legatees and no residuary legatee who has attained majority, the grant shall be limited until one of them shall have completed the age of eighteen years. (Administration for use and benefit of lunatic jus habens.) 　217. If a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestates' estates be a lunatic, letters of administration, with or without the Will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or if there be no such person, to such other person as the Court may think fit to appoint, for the use and benefit of the lunatic until he shall become of sound mind. (Administration pendente lite.) 　218. Pending any suit touching the validity of the Will of a deceased person, or for obtaining or revoking any probate or any grant of letters of administration, the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction. (c.) Grants for Special Purposes. (Probate limited to purpose specified in the Will.) 　219. If an executor be appointed for any limited purpose specified in the Will, the probate shall be limited to that purpose, and if he should appoint an Attorney to take administration on his behalf, the letters of administration with the Will annexed shall accordingly be limited. (Administration with the Will annexed limited to a particular purpose.) 　220. If an executor appointed generally give an authority to an Attorney to prove a Will on his behalf, and the authority is limited to a particular purpose, the letters of administration with the Will annexed shall be limited accordingly. (Administration limited to property in which a person has a beneficial interest.) 　221. Where a person dies, leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, and leaves no general representative, or one who is unable or unwilling to act as such, letters of administration, limited to such property, may be granted to the person beneficially interested in the property, or to some other person on his behalf. (Administration limited to a suit.) 　222. When it is necessary that the representative of a person deceased be made a party to a pending suit, and the executor or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other Court between the parties, or any other parties touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete execution. (Administration limited to the purpose of becoming a party to a suit to be brought against administrator.) 　223. If at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom the same has been granted is absent from the Province within which the Court that has granted the probate or letters of administration is situate, it shall be lawful for such Court to grant, to any person whom it may think fit, letters of administration limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carrying the decree which may be made therein into effect. (Administration limited to collection and preservation of deceased's property.) 　224. In any case in which it may appear necessary for preserving the property of a deceased person, the Court within whose district any of the property is situate, may grant to any person whom such Court may think fit, letters of administration limited to the collection and preservation of the property of the deceased, and giving discharges for debts due to his estate, subject to the directions of the Court. (Appointment as administrator, of person other than the one who under ordinary circumstances would be entitled to administration.) 　225. When a person has died intestate, or leaving a Will of which there is do executor willing and competent to act, or where the executor shall, at the time of the death of such person, be resident out of the Province, and it shall appear to the Court to be necessary or convenient to appoint some person to administer the estate or any part thereof, other than the person who under ordinary circumstances would be entitled to a grant of administration, it shall be lawful for the Judge, in his discretion, having regard to consanguinity, amount of interest, the safety of the estate, and probability that it will be properly administered, to appoint such person as he shall think to be administrator, and in every such case letters of administration may be limited or not as the Judge shall think fit. (d.) Grants with Exception. (Probate or administration with the Will annexed, subject to exception.) 　226. Whenever the nature of the case requires that an exception be made, probate of a Will, or letters of administration with the Will annexed, shall be granted subject to such exception. (Administration with exception.) 　227. Whenever the nature of the case requires that an exception be made, letters of administration shall be granted subject to such exception. (e.) Grants of the Rest. (Probate or administration of the rest.) 　228. Whenever a grant, with exception, of probate or letters of administration, with or without the Will annexed, has been made, the person entitled to probate or administration of the remainder of the deceased's estate may take a grant of probate or letters of administration, as the case may be, of the rest of the deceased’s estate. (f) Grants of Effects unadministered. (Grant of effects un administered.) 　229. If the executor to whom probate has been granted have died leaving a part of the testator’s estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate. (Rules as to grants of effects unadministered.) 　230. In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made. (ff) Supplemental Grants. (Administration when a limited grant has expired, and there is still some part of the estate unadministered.) 　231. When a limited grant has expired by effluxion of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased’s estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made. (g) Alteration in Grants. (What errors may be rectified by the Court.) 　232. Errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the Court, and the grant of probate or letters of administration may be altered and amended accordingly. (Procedure where Codicil discovered after grant of administration with Will annexed.) 　233. If, after the grant of letters of administration with the Will annexed, a Codicil be discovered, it may be added to the, grant on due proof and identification, and the grant altered' and amended accordingly. (h) Revocation of Grants. (Revocation or annulment for just cause, of grant of probate or administration.) 　234. The grant of probate or letters of administration may be revoked or annulled for just cause. (“ Just cause.”) Explanation. — Just cause is — 1st, that the proceedings to obtain the grant were defective in substance; 2nd, that the grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case; 3rd, that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; 4th, that the grant has become useless and inoperative through circumstances. PART XXXI. Of the Practice in granting and revoking Probates and Letters of Administration. (Jurisdiction of District Judge in granting and revoking probates and letters of administration.) 　235. The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his District. (District Judge’s powers as to the granting of probate and administration.) 　236. The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected therewith, as are by law vested in him in relation to any Civil suit or proceeding depending in his Court. (District Judge may order any person to produce testamentary papers.) 　237. The District Judge may order any person to produce and bring into Court any paper or writing being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person; and if it be not shown that any such paper or writing is in the possession or under the control of such person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined respecting the same, and such person shall be bound to answer such questions as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code, in case of default in not attending or in not answering such questions or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit, and had made such default, and the costs of the proceeding shall be in the discretion of the Judge. (Proceedings of District Judge’s Court in relation to probate and administration.) 　238. The proceedings of the Court of the District Judge in relation to the granting of probate and letters of administration shall, except as hereinafter otherwise provided, be regulated so far as the circumstances of the case will admit by the Code of Civil Procedure. (When and how District Judge is to interfere for the protection of property.) 　239. Until probate be granted of the Will of a deceased person, or an administrator of his estate be constituted, the District Judge within whose jurisdiction any part of the property of the deceased person is situate, is authorized and required to interfere for the protection of such property, at the instance of any person claiming to be interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss or damage; and for that purpose, if he shall see fit, to appoint an officer to take and keep possession of the property. (Probate or administration may be granted by District Judge, when testator or intestate at his death had a fixed dwelling or any property within the jurisdiction.) 　240. Probate of the Will or letters of administration to the estate of a deceased person may be granted by the District Judge under the seal of his Court, if it shall appear by a petition verified as hereinafter mentioned, of the person applying for the same, that the testator or intestate, as the case may be, at the time of his decease, had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge. (When application is made to the Judge of a District in which the deceased had no fixed abode.) 　241. When the application is made to the Judge of a District in which the deceased had no fixed abode at the time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it could be disposed of more justly or conveniently in another District, or where the application is for letters of administration, to grant them absolutely or limited to the property within his own jurisdiction. (Conclusiveness of probate or letters of administration.) 　242. Probate or letters of administration shall; have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the Province in which the same is granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors paying their debts, and all persons delivering up such property to the person to whom such probate or letters of administration shall have been granted. (Conclusiveness of application for probate or administration, if properly made and verified.) 　243. The application for probate or letters of administration, if made and verified in the manner hereinafter mentioned, shall be conclusive for the purpose of authorizing the grant of probate or administration, and no such grant shall be impeached, by reason that the testator or intestate had no fixed place of abode, or no property within the District at the time of his death, unless by a proceeding to revoke the grant if obtained by a fraud upon the Court. (Petition for probate.) 　244. Application for probate shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will annexed, and stating the time of the testator's death, that the writing annexed is his last Will and testament, that it was duly executed, and that the petitioner is the executor therein named; and in addition to these particulars, when the application is to the District Judge, the petition shall further state that the deceased at the time of his death had his fixed place of abode, or had some property, moveable or immoveable, situate within the jurisdiction of the Judge. (Verification of translation made by any person other than the Court translator.) 　245. In cases wherein the Will is written in any language other than English or than that in ordinary use in proceedings before the Court, there shall be a translation there of annexed to the petition by a translator of the Court, if the language be one for which a translator is appointed; or if the Will be in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner: — “ I (A B) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof.” (Petition for letters of administration.) 　246. Applications for letters of administration shall be made by petition distinctly written as aforesaid, and stating the time and place of the deceased’s death, the family or other relatives of the deceased, and their respective residences, the right in which the petitioner claims, that the deceased left some property within the jurisdiction of the District Judge to whom the application is made, and the amount of assets which are likely to come to the petitioner's hands. (Petition for probate or letters of administration to be signed and verified.) 　247. The petition for probate or letters of administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be verified by the petitioner in the following manner or to the like effect: — “ I (A B) the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief.” (Verification of petition for probate, by one of the witnesses to the Will.) 　248. Where the application is for probate, the petition shall also be verified by at least one of the witnesses to the Will (when procurable), in the manner or to the effect following: — “I (C D), one of the witnesses to the last Will and testament of the testator mentioned in the above petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (as the case may be), (or that the said testator acknowledged the writing annexed to the above petition to be his last Will and testament in my presence).” (Punishment for making false averment in petition or declaration.) 　249. If any petition or declaration which is hereby required to be verified shall contain any averment which the person making the verification knows or believes to be false, such person shall be subject to punishment according to the provisions of the law for the time being in force for the punishment of giving or fabricating false evidence. (Publication of citation.) 　250. In all cases it shall be lawful for the District Judge, if he shall think proper, to examine the petitioner in person, upon oath or solemn affirmation, and also to require further evidence of the due execution of the Will, or the right of the petitioner to the letters of administration, as the case may be, and to issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration. The citation shall be fixed up in some conspicuous part of the Court-house, and also in the Office of the Collector of the District, and otherwise published or made known in such manner as the Judge issuing the same may direct. (Caveat against grant of probate or administration.) 　251. Caveats against the grant of probate or administration may be lodged with the District Judge; and immediately on a caveat being entered with the District Judge, a copy thereof shall be given to any other Judge to whom it may appear to the District Judge expedient to transmit the same. (Form of caveat.) 　252. The caveat shall be to the following effect: — “ Let nothing be done in the matter of the estate of A B, late of, deceased, who died on the day of at without notice to C D of ”. (After entry of caveat, no proceeding to be taken on the petition until after notice to the caveator.) 　253. No proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant thereof has been entered with the Judge to whom the application has been made, until after such notice to the person by whom the same has been entered as the Court shall think reasonable. (Form of such grant.) 　254. When it shall appear to the Judge that probate of a Will should be granted, he will grant the same under the seal of his Court in manner following: — “ I, Judge of the District of hereby make known that on the day of in the year the last Will of late of, a copy whereof is hereunto annexed, was proved and registered before me, and that administration of the property and credits of the said deceased, and in any way concerning his Will, was granted to the executor in the said Will named, he having undertaken to administer the same, and to make a true inventory of the said property and credits, and to exhibit the same at or before the expiration of a year next ensuing, and also to render a true account thereof.” (Form of such grant.) 　255. And wherever it shall appear to the District Judge that letters of administration to the estate of a person deceased, with or without a copy of the Will annexed, should be granted, he will grant the same under the seal of his Court in manner following: — “I, , Judge of the District of, hereby make known that on the day of letters of administration (with or without the Will annexed, as the case may be) of the property and credits of, late of, deceased, were granted to, the father (or as the case may be) of the deceased, he having undertaken to administer the same, and to make a true inventory of the said property and credits, and to exhibit the same in this Court at or before the expiration of one year next ensuing, and also to render a true account thereof.” (Administration-bond.) 　256. Every person to whom any grant of administration shall be committed shall give a bond to the Judge of the District Court to enure for the benefit of the Judge for the time being, with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge shall from time to time by any general or special order direct. (Assignment of administration-bond.) 　257. The Court may, on application made by petition and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise as the Court may think fit, assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on the said bond in his own name as if the same had been originally given to him instead of to the Judge of the Court, and shall be entitled to recover thereon as trustee for all persons interested, the full amount recoverable in respect of any breach thereof. (Probate not to be granted until after seven days, and letters of administration until after fourteen days, from the testator’s or intestate’s death.) 　258. No probate of a Will shall be granted until after the expiration of seven clear days, and no letters of administration shall be granted until after the expiration of fourteen clear days from the day of the testator or intestate’s death. (Filing of original Wills of which probate or letters of administration with Will annexed have been granted.) 　259. Every District Judge shall file and preserve all original Wills of which probate or letters of administration with the Will annexed may be granted by him among the records of his Court, until some public registry for Wills is established; and the Local Government shall make regulations for the preservation and inspection of the Wills so filed as aforesaid. (Grantee of probate or letters of administration shall alone have power to sue, &c., until the same shall have been revoked.) 　260. After any grant of probate or letters of administration no other than the person to whom the same shall have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, throughout the Province in which the same may have been granted, until such probate or letters of administration shall have been recalled or revoked. (Procedure in contentious cases.) 　261 In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who may have appeared as aforesaid to oppose the grant shall be the defendant. (Right of such executor or administrator to recoup himself for payments.) 　262. Where any probate is or letters of administration are revoked, all payments bond fide made to any executor or administrator under such probate or administration before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and the executor or administrator who shall have acted under any such revoked probate or administration may retain and reimburse himself in respect of any payments made by him, which the person to whom probate or letters of administration shall be afterwards granted might have lawfully made. (Appeals from orders made by District Judge under powers conferred by this Act.) 　263. Every order made by a District Judge by virtue of the powers hereby conferred upon him, shall be subject to appeal to the High Court under the rules contained in the Code of Civil Procedure applicable to appeals. (Concurrent jurisdiction of High Court.) 　264. The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge. PART XXXII. Of Executors of their own Wrong. (Executor of his own wrong.) 　265. A person who intermeddles with the estate of the deceased, or does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. Exceptions. First. — Intermeddling with the goods of the deceased for the purpose of preserving them or providing for his funeral or for the immediate necessities of his family or property, does not make an executor of his own wrong. Second. — Dealing in the ordinary course of business with goods of the deceased received from another, does not make an executor of his own wrong. (Liability of an executor of his own wrong.) 　266. When a person has so acted as to become an executor of his own wrong, he is answerable to the rightful executor or administrator or to any creditor or legatee of the deceased, to the extent of the assets which may have come to his hands, after deducting payments made to the rightful executor or administrator, and payments made in a due course of administration. PART XXXIII. Of the Powers of an Executor or Administrator. (In respect of causes of action surviving the deceased, and rents due at the time of his death.) 　267. An executor or administrator has the same power to sue in respect of all causes of action that survive the deceased, and to distrain for all rents due to him at the time of his death, as the deceased had when living. (Demands and rights of action in favour of or against deceased, survive to and against his executor or administrator.) 　268. All demands whatsoever and all rights to prosecute or defend any action or special proceeding, existing in favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault as defined in the Indian Penal Code, or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought could not be enjoyed, or granting it would be nugatory. (Power of executor or administrator to dispose of deceased’s property.) 　269. An executor or administrator has power to dispose of the property of the deceased, either wholly or in part, in such manner as he may think fit. (Purchase by executor or administrator of deceased’s property.) 　270. If an executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold. (Powers of several executors or administrators, exerciseable by one.) 　271. When there are several executors or administrators, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the Will or taken out administration. (Survival of powers on death of one of several executors or administrators.) 　272. Upon the death of one or more of several executors or administrators, all the powers of the office become vested in the survivors or survivor. (Powers of administrator of effects unadministered.) 　273. The administrator of effects unadministered has, with respect to such effects, the same powers as the original executor or administrator. (Powers of administrator during minority.) 　274. An administrator during minority has all the powers of an ordinary administrator. (Powers of married executrix or administratrix.) 　275. When probate or letters of administration have been granted to a married woman, she has all the powers of an ordinary executor or administrator. PART XXXIV. Of the Duties of an Executor or Administrator. (As to deceased’s funeral.) 　276. It is the duty of an executor to perform the funeral of the deceased in a manner suitable to his condition, if he has left property sufficient for the purpose. (Inventory and account.) 　277. An executor or administrator shall, within six months from the grant of probate or letters of administration, exhibit in the Court by which the same may have been granted an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person or persons to which the executor or administrator is entitled in that character, and shall in like manner, within one year from the date aforesaid, exhibit an account of the estate, showing the assets that may have come to his hands, and the manner in which they have been applied or disposed of. (Duty of executor or administrator as to property of, and debts owing to, the deceased.) 　278. The executor or administrator shall collect, with reasonable diligence, the property of the deceased and the debts that were due to him at the time of his death. (Expenses to be paid before all debts.) 　279. Funeral expenses to a reasonable amount, according to the degree and quality of the deceased, and death-bed charges, including fees for medical attendance, and board and lodging for one month previous to his death, are to be paid before all debts. (Expenses to be paid next after such expenses.) 　280. The expenses of obtaining probate or letters of administration, including the costs incurred for or in respect of any judicial proceedings that may be necessary for administering the estate, are to be paid next after the funeral expenses and death-bed charges. (Wages for certain services to be next paid, and then the other debts.) 　281. Wages due for services rendered to the deceased within three months next preceding his death by any labourer, artizan, or domestic servant are next to be paid, and then the other debts of the deceased. (Save as aforesaid, all debts to be paid equally and rateably.) 　282. Save as aforesaid, no creditor is to have a right of priority over another by reason that his debt is secured by an instrument under seal, or on any other account. But the executor or administrator shall pity all such debts as he knows of, including his own, equally and rateably as far as the assets of the deceased will extend. (Application of moveable property to payment of debts, where the deceased's domicile was not in British India.) 　283. If the domicile of the deceased was not in British India, the application of his moveable property to the payment of his debts is to be regulated by the law of the country in which he was domiciled. (Creditor paid in part under Section 283 to bring such payment into account before sharing in proceeds of immoveable property.) 　284. No creditor who has received payment of a part of his debt by virtue of the last preceding Section shall be entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment into account for the benefit of the other creditors. (Debts to be paid before legacies.) 　285. Debts of every description must be paid before any legacy. (Executor or administrator not bound to pay legacies without indemnity.) 　286. If the estate of the deceased is subject to any contingent liabilities, an executor or administrator is not bound to pay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due. (Executor not to pay one legatee in preference to another.) 　287. If the assets, after payment of debts, necessary expenses and specific legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be diminished in equal proportions, and the executor has no right to pay one legatee in preference to another, nor to retain any money on account of a legacy to himself or to any person for whom he is a trustee. (Non-abatement of specific legacy when assets sufficient to pay debts.) 　288. Where there is a specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the thing specified must be delivered to the legatee without any abatement. (Right under demonstrative legacy, when the assets are sufficient to pay debts and necessary expenses.) 　289. Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, the legatee has a preferential claim for payment of his legacy out of the fund from which the legacy is directed to be paid until such fund is exhausted, and if after the fund is exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder against the general assets as for a legacy of the amount of such unpaid remainder. (Rateable abatement of specific legacies.) 　290. If the assets are not sufficient to answer the debts and the specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts. (Legacies treated as general for purpose of abatement.) 　291. For the purpose of abatement, a legacy for life, a sum appropriated by the Will to produce an annuity, and the value of an annuity when no sum has been appropriated to produce it, shall be treated as general legacies. PART XXXV. Of the Executor's Assent to a Legacy. (Executor's assent necessary to complete legatee's title.) 　292. The assent of the executor is necessary to complete a legatee’s title to his legacy. (Assent may be verbal, and either express or implied.) 　293. The assent of the executor to a specific bequest shall be sufficient to divest his interest as executor therein, and to transfer the subject of the bequest to the legatee, unless the nature or the circumstances of the property require that it shall be transferred in a particular way. This assent may be verbal, and it may be either express or implied from the conduct of the executor. (Conditional assent.) 　294. The assent of an executor to a legacy may be conditional, and if the condition be one which he has a right to enforce, and it is not performed, there is no assent. (Implied assent.) 　295. When the executor is a legatee, his assent to his own legacy is necessary to complete his title to it, in the same way as it is required when the bequest is to another person, and his assent may in like manner be express or implied. Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of legatee and is not referable to his character of executor. (Assent of executor gives effect to legacy from testator's death.) 　296. The assent of the executor to a legacy gives effect to it from the death of the testator. (Executor not bound to pay or deliver legacies until after one year from testator’s death.) 　297. An executor is not bound to pay or deliver any legacy until the expiration of one year from the testator’s death. PART XXXVI. Of the Payment and Apportionment of Annuities. (Commencement of annuity when no time fixed by Will.) 　298. Where an annuity is given by the Will, and no time is fixed for its commencement, it shall commence from the testator’s death, and the first payment shall be made at the expiration of a year next after that event. (When payment of annuity to be paid quarterly or monthly first falls due.) 　299. Where there is a direction that the annuity shall be paid quarterly or monthly, the first payment shall be due at the end of the first quarter or first month, as the case may be, after the testator's death; and shall, if the executor think fit, be paid when due, but the executor shall not be bound to pay it till the end of the year. (Apportionment where annuitant dies between times of payment.) 　300. Where there is a direction that the first payment of an annuity shall be made within one month or any other division of time from the death of the testator, or on a day certain, the successive payments are to be made on the anniversary of the earliest day on which the Will authorizes the first payment to he made; and if the annuitant should die in the interval between the times of payment, an apportioned share of the annuity shall be paid to his representative. PART XXXVII. Of the Investment of Funds to provide for Legacies. (Investment of sura bequeathed where a legacy, not specific, is given for life.) 　301. Where a legacy, not being a specific legacy, is given for life, the sum bequeathed shall at the end of the year be invested in such securities as the High Court may, by any general rule to be made from time to time, authorize or direct, and the proceeds thereof shall be paid to the legatee as the same shall accrue due. (Intermediate interest.) 　302. Where a general legacy is given to be paid at a future time, the executor shall invest a sum sufficient to meet it in securities of the kind mentioned in the last preceding Section. The intermediate interest shall form part of the residue of the testator's estate. (Procedure when no fund is charged with or appropriated to an annuity.) 　303. Where an annuity is given and no fund is charged with its payment or appropriated by the Will to answer it, a Government annuity of the specified amount shall be purchased, or, if no such annuity can be obtained, then a sum sufficient to produce the annuity shall be invested for that purpose in such securities as the High Court may, by any general rule to be made from time to time, authorize or direct. (Transfer to residuary legatee of amount of contingent bequest.) 　304. Where a bequest is contingent, the executor is not bound to invest the amount of the legacy, but may transfer the whole residue of the estate to the residuary legatee on his giving sufficient security for the payment of the legacy if it shall become due. (Investment of residue bequeathed to a person for life, without direction to invest in particular securities.) 　305. Where the testator lias bequeathed the residue of his estate to a person for life without any direction to invest it in any particular securities, so much thereof as is not at the time of the testator’s decease invested in such securities as the High Court may for the time being regard as good securities, shall be converted into money and invested in such securities. (Investment of residue bequeathed to a person for life, with direction to invest in specified securities.) 　306. Where the testator has bequeathed the residue of his estate to a person for life with a direction that it shall be invested in certain specified securities, so much of the estate as is not at the time of his death invested in securities of the specified kind shall be converted into money and invested in such securities. (Interest payable until investment.) 　307. Such conversion and investment as are contemplated by the two last preceding Sections shall be made at such times and in such manner as the executor shall in his discretion think fit; and until such conversion and investment shall be completed, the person who would be for the time being entitled to the income of the fund when so invested shall receive interest at the rate of four per cent, per annum upon the market value (to be computed as of the date of the testator’s death) of such part of the fund as shall not yet have been so invested. (Procedure where minor is entitled to immediate payment or possession of bequest, and there is no direction to pay to any person on his behalf.) 　308. Where, by the terms of a bequest, the legatee is entitled to the immediate payment or possession of the money or thing bequeathed, but is a minor, and there is no direction in the Will to pay it to any person on his behalf, the executor or administrator shall pay or deliver the same into the Court of the District Judge, by whom the probate was or letters of administration with the Will annexed were granted, to the account of the legatee, unless the legatee be a ward of the Court of Wards; and if the legatee be a ward of the Court of Wards the legacy shall be paid into that Court to his account, and such payment into the Court of the District Judge, or into the Court of Wards, as the case may be, shall be a sufficient discharge for the money so paid; and such money when paid in shall be invested in the purchase of Government securities, which, with the interest thereon, shall be transferred or paid to the person entitled thereto, or otherwise applied for his benefit, as the Judge or the Court of Wards, as the case may be, may direct. PART XXXVIII. Of the Produce and Interest of Legacies. (Legatee of a specific legacy entitled to produce thereof from testator’s death.) 　309 The legatee of a specific legacy is entitled to the clear produce thereof, if any, from the testator's death. Exception. — A specific bequest, contingent in its terms, does not comprise the produce of the legacy between the death of the testator and the vesting of the legacy. The clear produce of it forms part of the residue of the testator’s estate. (Residuary legatee entitled to produce of residuary fund from testator’s death.) 　310. The legatee under a general residuary bequest is entitled to the produce of the residuary fund from the testator’s death. Exception. — A general residuary bequest contingent in its terms does not comprise the income which may accrue upon the fund bequeathed between the death of the testator and the vesting of the legacy. Such income goes as undisposed of. (Interest when no time is fixed for payment of a general legacy.) 　311. Where no time has been fixed for the payment of a general legacy, interest begins to run from the expiration of one year from the testator’s death. Exception. — (1.) Where the legacy is bequeathed in satisfaction of a debt, interest runs from the death of the testator. (2.) Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of a parent of the legatee, the legacy shall bear interest from the death of the testator. (3.) Where a sum is bequeathed to a minor with a direction to pay for his maintenance out of it, interest is payable from the death of the testator. (Interest when time has been fixed.) 　312. Where a time has been fixed for the payment of a general legacy, interest begins to run from the time so fixed. The interest up to such time forms part of the residue of the testator's estate. Exception. — Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of a parent of the legatee, and the legatee is a minor, the legacy shall bear interest from the death of the testator, unless a specific sum is given by the Will for maintenance. (Rate of interest.) 　313. The rate of interest shall be four per cent, per annum. (No interest payable on arrears of annuity within first year after testator's death.) 　314. No interest is payable on the arrears of an annuity within the first year from the death of the testator, although a period earlier than the expiration of that year may have been fixed by the Will for making the first payment of the annuity. (Interest payable on sum to be invested to produce annuity.) 　315. Where a sum of money is directed to be invested to produce an annuity, interest is payable on it from the death of the testator. PART XXXIX. Of the Refunding of Legacies. (Refund of legacy paid under Judge’s orders.) 　316. When an executor has paid a legacy under the order of a Judge, he is entitled to call upon the legatee to refund, in the event of the assets proving insufficient to pay all the legacies. (No refund if legacy paid voluntarily.) 　317. When an executor has voluntarily paid a legacy, he cannot call upon a legatee to refund, in the event of the assets proving insufficient to pay all the legacies. (Refund when legacy has become due on performance of a condition within further time allowed under Section 124.) 　318. When the time prescribed by the Will for the performance of a condition has elapsed, without the condition having been performed, and the executor has thereupon, without fraud, distributed the assets; in such case, if further time has been allowed under the one hundred and twenty-fourth Section, for the performance of the condition, and the condition has been performed accordingly, the legacy cannot be claimed from the executor, but those to whom he has paid it are liable to refund the amount. (When each legatee is compellable to refund in proportion.) 　319. When the executor has paid away the assets in legacies, and he is afterwards obliged to discharge a debt of which he had no previous notice, he is entitled to call upon each legatee to refund in proportion. (Creditor may follow assets.) 　320. Where an executor or administrator has given such notices as would have been given by the High Court in an administration suit, for creditors and others to send in to him their claims against the estate of the deceased, he shall, at the expiration of the time therein named for sending in claims, be at liberty to distribute the assets, or any part thereof, in discharge of such lawful claims as he knows of, and shall not be liable for the assets so distributed to any person of whose claim he shall not have had notice at the time of such distribution; but nothing herein contained shall prejudice the right of any creditor or claimant to follow the assets, or any part thereof, in the hands of the persons who may have received the same respectively. (Within what period a creditor may call upon a legatee to refund.) 　321. A creditor who has not received payment of his debt may, within two years after the death of the testator or one year after the legacy has been paid, call upon a legatee who has received payment of his legacy to refund, whether the assets of the testator’s estate were or were not sufficient at the time of his death to pay both debts and legacies; and whether the payment of the legacy by the executor was voluntary or not. (When a legatee who has not received payment or who has been compelled to refund under Section 321, cannot oblige one who has received payment in full to refund.) 　322. If the assets were sufficient to satisfy all the legacies at the time of the testator’s death, a legatee who has not received payment of his legacy, or who has been compelled to refund under the last preceding Section, cannot oblige one who has received payment in full to refund, whether the legacy were paid to him with or without suit, although the assets have subsequently become deficient by the wasting of the executor. (When an unsatisfied legatee must first proceed against executor, if solvent.) 　323. If the assets were not sufficient to satisfy all the legacies at the time of the testator’s death, a legatee who has not received payment of his legacy, must, before he can call on a satisfied legatee to refund, first proceed against the executor if he is solvent; but if the executor is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion. (Limit to the refunding of one legatee to another.) 　324. The refunding of one legatee to another shall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had been properly administered. (Refunding to be without interest.) 　325. The refunding shall in in all cases be without interest. (Residue of the deceased’s property after usual payments to be paid to residuary legatee.) 　326. The surplus or residue of the deceased’s property after payment of debts and legacies, shall be paid to the residuary legatee when any has been appointed by the Will. PART XL. Of the Liability of an Executor or Administrator for Devastation. (Liability of executor or administrator for devastation.) 　327. When an executor or administrator misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to make good the loss or damage so occasioned. (For neglect to get in any part of the deceased’s property.) 　328. When an executor or administrator occasions a loss to the estate by neglecting to get in any part of the property of the deceased, he is liable to make good the amount. PART XLI. Miscellaneous. (Stamps and fees on instruments mentioned in this Act.) 　329. For every instrument or writing of any of the kinds specified in the Schedule to this Act, and which shall be made or executed after the commencement of this Act, there shall be payable to Government a Stamp duty or fee of the amount indicated in the said Schedule. (Saving of rights, duties, and privileges of Administrator General.) 　330. Nothing contained in this Act shall be deemed or taken to supersede or affect the rights, duties, and privileges of the Administrators General and Officiating Administrators General of Bengal, Madras, and Bombay respectively, under or by virtue of Act VIII of 1855 {to amend the law relating to the office and duties of Administrator General), Act XXVI of 1860 (to amend Act VIII of 1855), the Regimental Debts’ Act, 1863, and the Administrator General’s Act, 1865; and it shall be the duty of the Magistrate or other Chief Officer charged with the executive administration of a district or place in criminal matters, whenever any person to whom the provisions of this Act shall apply shall die within the limits of his jurisdiction, to report the circumstances without delay to the Administrator General of the Province, retaining the property under his charge until letters of administration shall have been obtained by that Officer or by some other person, when the property is to be delivered over to the person obtaining such letters, or who may obtain probate of the Will (if any) of the deceased. (Succession to property of Hindus, Muhammadans or Buddhists and certain Wills, Intestacies and marriages not affected by this Act.) 　331. The provisions of this Act shall not apply to Intestate or Testamentary succession to the property of any Hindu, Muhammadan or Buddhist; nor shall they apply to any Will made, or any intestacy occurring before the first day of January 1866. The fourth Section shall not apply to any marriage contracted before the same day. (Power of Governor-General to exempt any race, sect, or tribe in British India from the operation of this Act.) 　332. The Governor-General of India in Council shall from time to time have power, by an order, either retrospectively from the passing of this Act, or prospectively, to exempt from the operation of the whole or any part of this Act the members of any race, sect or tribe, in British India or any part of such race, sect or tribe, to whom he may consider it impossible or inexpedient to apply the provisions of this Act, or of the part of the Act mentioned in the order. The Governor-General of India in Council shall also have power from time to time to revoke such order, but not so that the revocation shall have any retrospective effect. All orders and revocations made under this Section shall be published in the Gazette of India.