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A, aged 18 and domiciled in India, owns real property in England to which C is heir at law. A leaves a…

Illustration (iv) to section 182 holds that "C may claim his legacy without giving up the real property in England". Because the will cannot pass the English real property,…

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A, aged 18 and domiciled in India, owns real property in England to which C is heir at law. A leaves a legacy to C and, subject to it, gives B "all my property whatsoever and wheresoever". A dies under 21, and the English real property does not pass by the will. What is C's position?

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Correct answer C

Illustration (iv) to section 182 holds that "C may claim his legacy without giving up the real property in England". Because the will cannot pass the English real property, the testator has not effectively disposed of something belonging to C. No case for election under sections 180 to 182 arises, so C takes both.

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