Can Courts Infer a Residuary Clause from Will Language Without Explicit Wording?

The language of the clause makes it abundantly clear that the request is not of the whole to the three beneficiaries, but of a defined share to each of them. ... The request to the sisters was to them as a class, and the language is clear that upon the death of one or more of them the survivors or survivor were to succeed to the share of the deceasing sister or sisters. ... This brings us to ....

High Court Malaya Pulau Pinang

[10] The Deceased's intention to give House No 7 to Intervenor is clear. It is also clear that there is nothing declared about the other properties, in the view of the absence of a residuary clause in the Will. ... Generally, a residuary clause is a clause in a Will that allows the testator to dispose of the remaining assets under the estate that are not specifically p....

2025 Supreme(US)(ca2) 60

According to Xerox, the 2018–21 CBA “lacks clear and unambiguous language sufficient to vest any benefits for the life of the retiree,” and, in any event, the incorporated plan documents contained “clear and unequivocal reservation of rights language permitting Xerox to amend, suspend, or terminate the ... Because the reservation-of-rights clause merely states that Xerox can modify or terminate “t....

Hepburn 2 was a clear case of a residuary devise, and the point of the decision was that the generality of 'the residuary clause was not cut down by words of specific enumeration following it. Gover v. Dairs 3 was 1 (1867) L. R. 3 Eq. 713.                 ... The learned Judge thought that, from the fidei commissum created by the 5th clause, it seemed clear that it was intended to ....

Federal Court Putrajaya

From the aforesaid, if the Will does not provide for the distribution of a particular property and there are no words in the Will that could be interpreted to be a residuary clause, there is no way a Court could assist in avoiding a case of partial intestacy. ... This is so, even when the default position applies in consequence of there being no residuary clause. ... [46] In the instant appeal, Ujagar, i....

The residuary legatees who appear to have taken up the position that the devise in favour of the defendant was in respect of only a half share claimed the other share under the residuary clause of the last will and mortgaged that half share by P3 in 1935 with one Visalatchi. ... But the plaintiff's Counsel contended that those words " fifthly mentioned in the Schedule " made it clear that the devise was only of an undivide....

-The clause did not create a valid fideicommissum. The presumption in favour of direct as opposed to fideicommissary substitution was not rebutted by the language of the will. ... C. 478 the will under consideration contained words very similar to the language of clause 21 with which we are now concerned. The testator directed that " in case one of the shareholders should happen to die, his share shall devolve upon hi....

Current Civil Cases

That is so because each document has to be interpreted in the peculiar circumstances in which the same has been executed and keeping in view the language employed by the testator. ... When there is a subsequent clause repugnant to an earlier clause of absolute disposition, the subsequent clause would stand inoperative. ... From the discussion above made, it is clear that the sale deed ex....

2025 Supreme(Online)(Bom) 1546

By the residuary Clause 6 of the Will, the Testator has bequeathed all his remaining estate movable as also immovable to Defendant No 1 to the clear exclusion of all others. ... is shown which is inconsistent with its falling in residuary clause. ... It is clear from Clause 6 that the bequest contained therein is residuary bequest comprising of the re....

2021 0 Supreme(Telangana) 386

On the facts of the present case, it is clear that the seat of arbitration is Mumbai and Clause 19 further makes it clear that jurisdiction exclusively vests in the Mumbai Courts. ... Learned Counsel has also referred to the arbitration clause in the agreement dated 23.06.2012 which reads as follows : "The agreement shall be interpreted, construed and governed by the laws of India. ... The intention of th....

2018 0 Supreme(Ker) 662

Since Clause (f) of Article 5 is applicable, and as the total value of the public works contract is Rs.9,53,72,670/-, the insistence in Ext. P2 that the agreement should be executed in the stamp paper worth Rs.95,400/-, cannot be faulted in view of the new prescription in Clause (f) of Article 5. If that is the position, Clause (g) of Article 5 which is a residuary clause, will not apply. Therefore, there cannot be any dispute that as far as the present agreement in relation ....

2012 0 Supreme(Mad) 2563

Therefore, we have to see whether there is any residuary clause naming residuary legatee to take the properties not specifically mentioned in the Will. No such residuary clause is found in the Will of late Dr.M.G.Ramachandran. It is also admitted by both the parties that no one is mentioned as residuary legatee. The intellectual property right, namely copyright in the work 'Naan Yen Piranthen' was not specifically dealt with by late Dr.M.G.Ramachandran in his last will dated ....

2006 0 Supreme(Raj) 2462

Shri Bhandare then contended that the use of the plural heirs — and not the singular heir — in clause (i) is indicative of the intention of the testator that he was referring to his legal heirs as may be in existence on the death of Satyawati. The language of clause (i) of the Will cannot be construed otherwise. In our opinion, this argument is plainly unacceptable. The vesting of bequest to "the legal heirs of the testator" was not postponed till the death of the interposer,....

2007 1 Supreme 547

The language of clause (i) of the Will cannot be construed otherwise. In our opinion, this argument is plainly unacceptable. Shri Bhandare then contended that the use of the plural heirs – and not the singular heir – in clause (i) is indicative of the intention of the testator that he was referring to his legal heirs as may be in existence on the death of Satyawati. The vesting of bequest to "the legal heirs of the testator" was not postponed till the death of the interposer,....

2001 2 Supreme 516

The Madras & Bombay cases were reviewed by the Supreme Court in a subsequent judgment and distinguished and the correctness of the Madras case also doubted. It is submitted that the two Supreme Court judgments show that such clauses are valid and enforceable except where, as in the Madras Railway case, the contract is an executed contract in that as format order of supply had already been made." In that case, a clause in a insurance policy authorising both parties to cancel the policy at will ....