to relatives of full and of half-blood; and all words in a will expressive of
relationship apply to a child in the womb who is afterwards born alive.
87.
Implied inclusion of illegitimate and adopted children.
In the absence of any intimation to the contrary in the will, “child”, “son” or
“daughter” or any word which expresses those relationships is to be
understood as including an illegitimate child and an adopted child.
88.
Construction where will purports to make two bequests to same
person.
(1) Where a will purports to make two bequests to the same person,
and a question arises whether the testator intended to make the second
bequest instead of, or in addition to, the first, if there is nothing in the will to
show what he or she intended, the following provisions shall prevail in
determining the construction to be put upon the will—
(a) if the same specific thing is bequeathed twice to the same legatee
in the same will, or in the will and again in a codicil, he or she is
entitled to receive that specific thing only;
(b) where one and the same will or one and the same codicil purports
to make, in two places, a bequest to the same person of the same
quantity or amount of anything, he or she shall be entitled to one
such legacy only;
(c) where two legacies of unequal amount are given to the same
person in the same will or in the same codicil, the legatee is
entitled to both such legacies;
(d) where two legacies, whether equal or unequal in amount, are
given to the same legatee, one by a will, and the other by a
codicil, or each by a different codicil, the legatee is entitled to
both such legacies.
(2) In paragraphs (a), (b), (c) and (d) of subsection (1), “will” does
not include a codicil.
89.
Constitution of residuary legatee.
A residuary legatee may be constituted by any words that show an intention
on the part of the testator that the person designated shall take the surplus or
residue of his or her property.
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