Section 87Testator's intention to be effectuated as far as possible

s. 87

87. Testator's intention to be effectuated as far as possible The intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. Illustration The testator by a will made on his death-bed bequeathed all his property to C D for life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent, because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to C D.