Will bequeathing same property to different persons

I am an executor of a Will of my late brother and have encountered a problem in the execution of that Will. The problem arises from the act of my late brother to bequeath a property severally to two children. Among several landed properties which belonged to my brother, there is a house in one township in Shinyanga region, which is double allocated. In one clause at the commencement of the Will he gave the house to the “first born” but somewhere nearer to the end of the Will he bequeathed the same house to his “only daughter”, who is not the first born. Please advise me.
JJ, Kayanga

Construction of Wills in Tanzania is mainly governed by the Indian Succession Act, 1865 (the Act). The problem you are facing is addressed by section 75 of the Act. The Act states clearly that where two clauses or gifts in a Will are irreconcilable, so that they cannot possibly stand together, the last shall prevail. Based on that provision of the law, we opine that it is likelier than not that the house will go to the deceased’s only daughter, although we have not seen any case law on this section being tested. However, you may also want to consult your lawyer who can guide you further after reading the entire Will.