Section 120:
Date of vesting when legacy contingent upon specified uncertain event.
(1) A legacy
bequeathed in case a specified uncertain event shall happen does not vest until that event happens.
(2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the
happening of that event becomes impossible.
(3) In either case, until the condition has been fulfilled, the interest of the legatee is called contingent.
Exception.--Where a fund is bequeathed to any person upon his attaining a particular age, and the
will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs
the income, or so much of it as may be necessary, to be applied for his benefit, the bequest of the fund is
not contingent.
Illustrations
(i) A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. D has a contingent interest
in the legacy until A, B and C all die under 18, or one of them attains that age.
(ii) A sum of money is bequeathed to A "in case he shall attain the age of 18," or "when he shall attain the age
of 18". A's interest in the legacy is contingent until the condition is fulfilled by his attaining that age.
(iii) An estate is bequeathed to A for life, and after his death to B if B shall then be living; but if B shall not be
then living to C. A, B and C survive the testator. B and C each take a contingent interest in the estate until the event
which is to vest it in one, or in the other has happened.
(iv) An estate is bequeathed as in the case last supposed. B dies in the lifetime of A and C. Upon the death of B,
C acquires a vested right to obtain possession of the estate upon A's death.
(v) A legacy is bequeathed to A when she shall attain the age of 18, or shall marry under that age with the
consent of B, with a proviso that, if she neither attains 18 nor marries under that age with B's consent, the legacy
shall go to C. A and C each take a contingent interest in the legacy. A attains the age of 18. A becomes absolutely
entitled to the legacy although she may have married under 18 without the consent of B.
(vi) An estate is bequeathed to A until he shall marry and after that event to B. B's interest in the bequest is
contingent until the condition is fulfilled by A's marrying.
(vii) An estate is bequeathed to A until he shall take advantage of any law for the relief of insolvent debtors, and
after that event to B. B's interest in the bequest is contingent until A takes advantage of such a law.
(viii) An estate is bequeathed to A if he shall pay 500 rupees to B. A's interest in the bequest is contingent until
he has paid 500 rupees to B.
(ix) A leaves his farm of Sultanpur Khurd to B, if B shall convey his own farm of Sultanpur Buzurg to C. B's
interest in the bequest is contingent until he has conveyed the latter farm to C.
(x) A fund is bequeathed to A if B shall not marry C within five years after the testator's death. A's interest in
the legacy is contingent until the condition is fulfilled by the expiration of the five years without B's having married
C, or by the occurrence within that period of an event which makes the fulfilment of the condition impossible.
(xi) A fund is bequeathed to A if B shall not make any provision for him by will. The legacy is contingent until
B's death.
(xii) A bequeaths of B 500 rupees a year upon his attaining the age of 18, and directs that the interest, or a
competent part thereof, shall be applied for his benefit until he reaches that age. The legacy is vested.
(xiii) A bequeaths to B 500 rupees when he shall attain the age of 18 and directs that a certain sum, out of
another fund, shall be applied for his maintenance until he arrives at that age. The legacy is contingent.