Where a testator does not absolutely bequeath a fund, so as to sever it from his own estate, but gives it for certain purposes, and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains a part of the estate of the testator.
Illustrations:
(i) A directs that his trustees shall invest a sum of money in a particular way, and shall pay the interest to his son for life, and at his death shall divide the principal among his children. The son dies without having ever had a child. The fund, after the son's death, belongs to the estate of the testator.
(ii) A bequeaths the residue of his estate, to be divided equally among his daughters, with a direction that they are to have the interest only during their lives, and that at their decease the fund shall go to their children. The daughters have no children. The fund belongs to the estate of the testator.
Legal Commentary & Landmark Judgments: Section 140
Section 140 regulates bequests of funds for multiple specified purposes where some of the purposes cannot be fulfilled, preserving the bequest for the valid purposes.
When challenging a composite trust bequest where one purpose is illegal or impossible, rival heirs cannot claim the entire fund; under Section 140, the court will apportion the fund to sustain the viable purposes and release only the severed surplus.