If the thing which the testator intended to bequeath can be sufficiently identified from the description of it given in the will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the bequest shall take effect.
Illustrations:
(i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh-lands lying in L but had no marsh-lands in the occupation of X. The words "in the occupation of X" shall be rejected as erroneous, and the marshlands of the testator lying in L will pass by the bequest.
(ii) The testator bequeaths to A "my zamindari of Rampur". He had an estate at Rampur but it was a taluq and not a zamindari. The taluq passes by this bequest.
Legal Commentary & Landmark Judgments: Section 78
Section 78 codifies the classic maxim 'falsa demonstratio non nocet', allowing the court to reject erroneous particulars in the description of bequeathed property if the remaining description sufficiently identifies the subject.
Section 78 is invaluable in real estate succession. Testators frequently cite outdated municipal ward numbers, incorrect survey/khasra numbers, or obsolete bank account digits. Caveators inevitably pounce on these errors to claim that the bequest is void. Under Section 78, counsel should demonstrate that the erroneous digit is merely incidental and that the decedent owned only one answering property, ensuring the legacy survives.