Section 185Person taking in individual capacity under will may in other character elect to take in opposition

s. 185

185. Person taking in individual capacity under will may in other character elect to take in opposition A person who in his individual capacity takes a benefit under a will may, in another character, elect to take in opposition to the will. Illustration The estate of Sultanpur is settled upon A for life, and after his death upon B. A leaves the estate of Sultanpur to D, and 2,000 Taka to B, and 1,000 Taka to C, who is B's only child. B dies intestate, shortly after the testator, without having made an election. C takes out administration to B, and as administrator elects to keep the estate of Sultanpur in opposition to the will, and to relinquish the legacy of 2,000 Taka. C may do this, and yet claim his legacy of 1,000 Taka under the will.