Will and codicil interpreted together to uphold contingent bequest and preserve the testator's dominant intention.

A will and codicil must be construed together to give effect to the testator's dominant intention, and apparently inconsistent clauses should be harmonised where possible. Clauses 5, 6 and 7 were not void under the Indian Succession Act, 1925: Clause 5 was treated as creating only a life estate, while Clause 7 operated as an enabling provision rather than defeating the earlier disposition. Clause 12 of the Codicil was also upheld, because the contingency for the University's benefit occurred when the legatee died without issue, without adopting a son and without making the contemplated appointment. The challenge failed, and the University's bequest was held valid and enforceable.

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Issues: (i) Whether the testamentary dispositions under Clauses 5, 6 and 7 of the Will, read with the Codicil, were void under the Indian Succession Act, 1925; (ii) Whether the bequest in favour of the University under Clause 12 of the Codicil was valid and enforceable.

Issue (i): Whether the testamentary dispositions under Clauses 5, 6 and 7 of the Will, read with the Codicil, were void under the Indian Succession Act, 1925.

Analysis: The Will and Codicil were required to be read together and construed as a whole, with effect given to the dominant intention of the testator. Clause 5 created only a life estate in favour of the legatee, while the further directions regarding appointment and substitution were not treated as destroying the bequest. Clause 7 was read as an enabling or discretionary provision rather than as a fresh bequest defeating the earlier disposition. The Court held that the disposition was not hit by the prohibitions relied upon under the Indian Succession Act, 1925, and that the testamentary scheme could be harmonised without rendering the relevant clauses void.

Conclusion: The challenge to the validity of the testamentary dispositions failed.

Issue (ii): Whether the bequest in favour of the University under Clause 12 of the Codicil was valid and enforceable.

Analysis: Clause 12 in the Codicil, which formed part of the testamentary disposition, was held to prevail to the extent of the contingency contemplated therein. As the legatee died without issue, without adopting any son and without making the contemplated appointment, the contingency for the University's benefit occurred. The Court found no reason to treat the bequest in favour of the University as invalid, and held that the Codicil gave effect to the testator's intention to benefit the University upon failure of the prior dispositions.

Conclusion: The bequest in favour of the University was valid and enforceable.

Final Conclusion: The testamentary document was construed to uphold the testator's intention, and the appeal failed because the University's entitlement under the Codicil remained effective.

Ratio Decidendi: A will and codicil must be construed together so as to give effect to the testator's dominant intention, reconciling apparently inconsistent clauses where possible and upholding a valid contingent bequest when the contingency occurs.

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