(d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the
other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. Explanation.-- In clauses (a) to (d) of this section, the word" will" does not include a codicil. Illustrations
(i) A, having ten shares, and no more, in the Imperial Bank of India, made his will, which contains near its commencement the words" I bequeath my ten shares in the Imperial Bank of India to B". After other bequests, the will concludes with the words" and I bequeath my ten shares in the Imperial Bank of India to B". B is entitled simply to receive A' s ten shares in the Imperial Bank of India.
(ii) A, having one diamond ring, which was given him by B, bequeaths to C the diamond ring which was given by B. A afterwards made a codicil to his will, and thereby, after giving other leagacies, he bequeathed to C the diamond ring which was given him by B. C can claim nothing except the diamond ring which was given to A by B.
(iii) A, by his will, bequeaths to B the sum of 5, 000 rupees and afterwards in the same will repeats the bequest in the same words. B is entitled to one legacy of 5, 000 rupees only.
(iv) A, by his will, bequeaths to B the sum of 5, 000 rupees and afterwards in the same will bequeaths to B the sum of 6, 000 rupees. B is entitled to receive 11, 000 rupees.
(v) A, by his will, bequeaths to B 5, 000 rupees and by a codicil to the will he bequeaths to him 5, 000 rupees. B is entitled to receive 10, 000 rupees.
(vi) A, by one codicil to his will, bequeaths to B 5, 000 rupees and by another codicil bequeaths to him, 6, 000 rupees. B is entitled to receive 11, 000 rupees.
(vii) A, by his will, bequeaths" 500 rupees to B because she was my nurse", and in another part of the will bequeaths 500 rupees to B" because she went to England with my children". B is entitled to receive 1, 000 rupees.
(viii) A, by his will, bequeaths to B the sum of 5, 000 rupees and also, in another part of the will, an annuity of 400 rupees. B is entitled to both legacies.
(ix) A, by his will, bequeaths to B the sum of 5, 000 rupees and also bequeaths to him the sum of 5, 000 rupees if he shall attain the age of 18. B is entitled absolutely to one sum of 5, 000 rupees, and takes a contingent interest in another sum of 5, 000 rupees.