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Book 5 · Law of succession  ›  Title 4 · Legacies › Section 2165

Charges

(1) If an object belonging to the inheritance is bequeathed, the legatee may not, in case of doubt, demand the discharge of the rights with which the object is charged. If the testator is entitled to the discharge, then in case of doubt the legacy extends to this claim.

(2) If a plot of land bequeathed is subject to a mortgage, land charge or annuity land charge to which the testator is entitled, it is to be inferred from the circumstances whether the mortgage, land charge or annuity land charge is to be deemed as having been bequeathed together with the land.

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