deceased Balabhai vested absolutely in specified shares in the two legatees upon his death. This conclusion was arrived at on the basis that Balabhai ... other expenses, shall be taken by the named legatee, such legatee would be constituted a residuary legatee.
22. Section 104 and 119 provide respectively
executors has or have proved a will, the Court may, on the death of the survivor of those who have proved, grant letters of administration ... 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
executors has or have proved a will, the Court may, on the death of the survivor of those who have proved, grant letters of administration ... 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
Will vested in
the legatees. If it is found that the legacy vested in the
legatees on the death of the testator, the appellant ... legatee on testator's death and in the
event of the death of the legatee without having received
the legacy the said right
entertained. No question of the substitution of the legatee upon the death of
a sole executor in testamentary proceedings arose before the Division
Bench ... testatrix the legatee filed a petition for probate. The legatee died
during the pendency of the proceedings and on his death his heirs filed
Sections 106 and 107 between themselves exhausted cases of the death of a legatee before the testator in cases of joint gifts or gifts ... principle of the section would apply, in the case of death of a legatee before the testator".
9. We have heard no arguments
when the first legatee dies without alienating. In a case where the prior legatee alienates the property before his death, such an alienation ... heirs of the first legatee, or whether on his death, the legatees specified in the second clause can take the property. The controversy
specified individual and the possession of the legatees is deferred until some time after the death of the testator because of a prior bequest ... testator's death, and shall pass to the legatee's death, and shall pass to the legatee's representative if he dies
death of the previous legatee. In other words, the successor legatee was to get the property after the death of the previous legatee. In view ... sons as shall be living at my death or come into existence within twelve months after my death and also for the son or sons
services would have belonged to the legatee ; so in the same manner his services belong to the legatee of usufruct where the testator has bequeathed ... bequest be absolute, the legatee of the service is entitled to it till his death; after which it is to bo transferred to the legatee
