(ii)A bequeaths to B “my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of lands”. The testator had marsh-lands lying in L some of which were in the occupation of X and some not in the occupation of X. The assessment is wholly inapplicable to the marsh-lands of either class, or to the whole taken together. The measurement will be considered as struck out of the Will, and such of the testator’s marsh-lands lying in L as were in the occupation of X shall alone pass by the bequest.
