Under a residuary bequest, the legatee is entitled to all property belonging to the testator at the time of his death, of which he has not made any other testamentary disposition which is capable of taking effect.
Illustration
A by his will bequeaths certain legacies, of which one is void under section 118, and another lapses by the death of the legatee. He bequeaths the residue of his property to B. After the date of his will A purchases a zamindari, which belongs to him at the time of his death. B is entitled to the two legacies and the zamindari as part of the residue.
Legal Commentary & Landmark Judgments: Section 103
Section 103 defines the comprehensive scope of a residuary bequest, enacting that the residuary legatee is entitled to all property not otherwise effectually disposed of by the will, including lapsed and void legacies.
Crucially, Section 103 acts as the ultimate statutory sponge: it sweeps in not only property that the testator forgot to mention, but also all bequests that fail, lapse, or are declared void by reason of the death of a legatee before the testator, illegality, uncertainty, or revocation. Instead of falling into intestacy, failed bequests automatically flow into the hands of the residuary legatee, unless the will expresses a contrary intention.
Section 103 is the most powerful weapon against claims of partial intestacy. When a specific bequest of a house or fund fails because the legatee died before the testator or because the gift violated the rule against perpetuities, the statutory legal heirs inevitably claim the property by intestate succession. Counsel for the residuary legatee must invoke Section 103: all failed legacies belong to the residuary legatee, completely shutting out intestate heirs.