performance of it is prevented by fraud, in which case such further time shall
be allowed as shall be requisite to make up for the delay caused by the fraud.
PART XVII—BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR
ENJOYMENT.
125. Direction that fund be employed in particular manner.
Where a fund is bequeathed absolutely to or for the benefit of any person, but
the will contains a direction that it shall be applied or enjoyed in a particular
manner, the legatee shall be entitled to receive the fund as if the will had
contained no such direction.
126. Direction that mode of enjoyment of absolute bequest is to be
restricted.
Where a testator absolutely bequeaths a fund, so as to sever it from his or her
own estate, but directs that the mode of enjoyment of it by the legatee shall
be restricted so as to secure a specified benefit for the legatee, if that benefit
cannot be obtained for the legatee, the fund belongs to the legatee as if the
will had contained no such direction.
127. Bequest of fund for certain purposes, some of which cannot be
fulfilled.
Where a testator does not absolutely bequeath a fund so as to sever it from
his or her own estate but gives it for certain purposes and part of those
purposes cannot be fulfilled, the fund, or so much of it as has not been
exhausted upon the objects contemplated by the will, remains a part of the
estate of the testator.
PART XVIII—BEQUESTS TO AN EXECUTOR.
128. Legacy to executor.
If a legacy is bequeathed to a person who is named an executor of the will,
he or she shall not take the legacy unless he or she proves the will, or
otherwise manifests an intention to act as executor.
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