Section 168: Completion of testator’s title to things bequeathed to be at cost of his estate

Where anything is to be done to complete the testator’s title to the thing bequeathed, it is to be done at the cost of the testator’s estate. Illustrations (i) A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and dies before he has paid the purchase-money. The purchase-money must be made good out of A’s assets. (ii) A, having contracted for the purchase of a piece of land for a certain sum of money, one- half of which is to be paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or secured any part of the purchase- money. One- half of the purchase-money must be paid out of A’s assets.

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