Conditions of Residuary
Issue No. 2339- The person for whom a Will has been made, should be existent at the time of the Will. Hence, if a person makes a Will that a property be given to a child who may possibly be conceived, it is void as an obligatory precaution, and in case one makes such a will the obligatory precaution is that a compromise should be made with the heirs. However, if one makes a Will for a child who is in the mother’s womb, though it may not have soul yet, the Will is in order. In case, therefore, the child is born alive, what the testator had willed should be carried out, and if the child is born dead, the Will becomes void and that property will be inherited by the heirs.
