Succession Act, 1925
87. Testator’s intention to be effectuated as far as possible.—
The intention of the testator shall not be set aside because ... life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent because the gift
class' and that the intention of the testator was that his estate should go in two equal halves to the sons ... cases, endeavour to ascertain the real intention of the testator. The intention means the intention which the will itself by express words or by implication
what are the contents of the Will,
intention of the testator, last intention of the testator and
inconsistency between two clauses of the Will ... Will is to be endeavour to
ascertain the intentions of the testator. This
intentions has to be gathered, primarily from
the language of the document
stating:
"87. Testator's intention to be effectuated as far as
possible. The intention of the testator shall not
be set aside because ... complete Will although intention of the testator cannot be effectuated.
The testator's intention is collected from a consideration of the whole
Will
regards the true intentions of the testator, there is no doubt whatsoever, and the matter is put beyond any shadow of doubt by the declaration ... avowed intention or object. It is the obvious duty of the Court to ascertain and give effect to the true intentions of the testator
bare reading of the will Ex. Pi makes manifest the intention of the testator to restrict the bequest in favor of the son, only ... testator to be gathered from the will. A clear distinction was made between cases where the testator had expressed the intention to pass
reading of the will Ex. P-1 makes manifest the intention of the testator to restrict the bequest in favor of the son, only ... testator to be gathered from the will. A clear distinction was made between cases where the testator had expressed the intention to pass
which the testamentary disposition was made to ascertain the intention. The intention of the testator is primarily to be collected from the Words used ... intention of the testator and not by expansion with the change of law even after the death of the testator. The testator could not have
Vahivatavyat" (carry out wahivat by way of absolute ownership) the intention of testator was to enable his wife Bhagirathibai to take possession ... Will has to be given its due meaning and the intention of testator/testatrix has to be gathered from the entire instrument and no part
testator. We are required to examine the dominant intention of the testator and that could be ascertained only by the terms of the Will ... because the property was purchased in his own name by the testator. The testator had a long wish to purchase an immoveable property. He even
