deceased legatee lapse, if the legatee or one of the legatees, if there be more than one legatees dies is-sueless, during the life-time ... intended to be given to the deceased legatee, will not go to the remaining legatee or legatees, but will lapse and go to the residue
effect to only if the testator expressly directs that if the
legatee dies during his life time the legacy shall go to
some other person ... have expressly envisaged
the possibility of lapse in consequence of the legatee dying
during his life time and must have made a provision for that
independent or subsequent bequest, in case the first legatee dies without exercising the power of appointment. It is sufficient to refer the decision ... exercise of the power of appointment or when the first legatee dies without alienating. In a case where the prior legatee alienates the property before
Succession Act, 1925, which is applicable
to the situation where the legatee dies before the testator/testatrix. He
further contended that though in the suit ... Indian Succession Act,
1925, it is manifest that in case the legatee dies before the testator, then
the legacy forms part of the residue
must indicate as to
who was to take in case of legatee dying in his life time.
13 I need not remind myself that ... legatees, in words which show that the testator
intended to give them distinct shares of the
legacy, then if any legatee dies before the
testator
given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before ... estate in one contingency, namely, where one of several legatees dies before the testator. Section 106 provides for the devolution where the legacy
testator died on 13th November, 1966. The
executor of the Will died on 6th October, 1974 and the legatee of
the Will died on 15th ... said
Will. Testator died on 13th November, 1966, executrix died on 6th
October, 1974 and the legatee died on 15th July, 1971. Executrix
during
given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before ... estate in one contingency, namely, where one of several legatees dies before the testator. Section 106 provides for the devolution where the legacy
interest therein, if such Taluqdar or Grantee,
heir or legatee had died intestate, or
(2)..........................................
except by an instrument of gift or a will
executed ... lists mentioned in section eight, or his
heir or legatee, shall die intestate as to his
estate, such estate shall descend is follows
legatees on the death of the testator, the appellant) as the
legal representative of one of the legatees who died after
the death ... vested
in the legatee on the testator's
death, and shall pass to the
legatees's representatives if he
dies before that time
