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Section 151: Order of payment when legacy directed to be paid out of fund the subject of specific legacy.

The Indian Succession Act, 1925Central Act · Act 39 of 1925

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.

Illustration

A bequeaths to B 1,000 rupees, being part of a debt due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. The debt due to A from W is only 1,500 rupees; of these 1,500 rupees, 1,000 rupees belong to B. and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator.

Where this provision sits

ActThe Indian Succession Act, 1925
Section151
Marginal noteOrder of payment when legacy directed to be paid out of fund the subject of specific legacy.
JurisdictionCentral
StatusIn force as published by the source

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