Section 88Chapter VI

The last of two inconsistent clauses prevails

OF THE CONSTRUCTION OF WILLS

Where two clauses or gifts in a will are irreconcileable, so that they cannot possibly stand together, the last shall prevail.

Illustrations

(i)

The testator by the first clause of his will leaves his estate of Rangpur "to A" and by the last clause of his will leaves it "to B and not to A". B will have it. (ii) If a man at the commencement of his will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition will prevail.