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'A' bequeaths a legacy "to Thomas, the second son of my brother John". The testator has an only brother John, whose first son is named Thomas and whose second son is named William. The person who gets a property under the bequeath is :

  • A.William
  • B.Thomas
  • C.The testator himself
  • D.No one

Answer: B

The person who gets the legacy is Thomas.

This is an illustration in the Indian Succession Act 1925 (section 76, on misnomer and misdescription), and it is worked on exactly these facts: the testator has an only brother John, whose first son is Thomas and whose second son is William. The Act says Thomas will have the legacy.

The name Thomas and the brother John identify the legatee, and the words 'second son' are the part of the description that is wrong, since Thomas is the first son. William is not named, so he does not take. The testator cannot be the legatee of his own bequest, and the gift does not fail for uncertainty.

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