Section 87: Testator’s intention to be effectuated, as far as, possible
The Succession Act · Federal Acts · Part VI · in_force
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The intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. Illustration The testator by a will made on his death-bed bequeathed all his property to C D for life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent, because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to C D.
Related sections
Section 86: Interpretation of words repeated in different parts of willSection 88: The last of two inconsistent clauses prevailsSection 85: No part rejected, if can be it reasonably construedSection 89: Will or bequest void for uncertaintySection 84: Which of two possible constructions preferredSection 90: Words describing subject refer to property answering description at testator’s death
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