Constitution of residuary legatee

Section 102 of the Indian Succession Act, 1925 deals with constitution of residuary legatee. A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property. The Act came into force on 30 Sep 1925.

A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property.

Illustrations

(i) A makes her will, consisting of several testamentary papers, in one of which are contained the following words:--"I think there will be something left, after all funeral expenses, etc., to give to B, now at school, towards equipping him to any profession he may hereafter be appointed to." B is constituted residuary legatee.

(ii) A makes his will, with the following passage at the end of it:--"I believe there will be found sufficient in my banker's hands to defray and discharge my debts, which I hereby, desire B to do, and keep the residue for her own use and pleasure."B is constituted the residuary legatee.

(iii) A bequeaths all his property to B, except certain stock and funds, which he bequeaths to C. B is the residuary legatee.

Section 102, The Indian Succession Act, 1925 (Act 39 of 1925).