PART XXII—PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF A
BEQUEST.
154. Nonliability of executor to exonerate specific legatees.
(1) Where property specifically bequeathed is subject, at the death of
the testator, to any pledge, lien or encumbrance, created by the testator
himself or herself, or by any person under whom he or she claims, then,
unless a contrary intention appears by the will, the legatee, if he or she
accepts the bequest, shall accept it subject to such pledge or encumbrance,
and shall, as between himself or herself and the testator’s estate, be liable to
make good the amount of the pledge or encumbrance.
(2) A contrary intention shall not be inferred from any direction
which the will may contain for the payment of the testator’s debts generally.
(3) A periodical payment in the nature of land revenue or in the
nature of rent is not such an encumbrance as is contemplated by this section.
155. Completion of testator’s title.
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.
156. Immovable property for which rent payable periodically.
Where there is a bequest of any interest in immovable property, in respect of
which payment in the nature of land revenue, or in the nature of rent, has to
be made periodically, the estate of the testator shall, as between the estate
and the legatee, make good such payments or a proportion of them up to the
day of his or her death.
157. Stock in joint stock company.
In the absence of any direction in the will where there is a specific bequest
of stock in a joint stock company, if any call or other payment is due from the
testator at the time of his or her death in respect of the stock, the call or
payment shall, as between the testator’s estate and the legatee, be borne by
the estate; but, if any call or other payment shall, after the testator’s death,
become due in respect of the stock, the call or payment shall, as between the
testator’s estate and the legatee, be borne by the legatee if he or she accepts
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