A bequeaths 1,000 rupees to "all the children born or to be born" of B, to be divided among them at the…
The Exception to section 111 sends a deferred class gift to members alive when possession falls in, here at C's death. Illustration (vi) to section 111 says "the legacy…
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A bequeaths 1,000 rupees to "all the children born or to be born" of B, to be divided among them at the death of C. At the testator's death B has two children, D and E. Before C's death two more, F and G, are born; after C's death another child is born. Who takes?
Answer and explanation
Correct answer B
The Exception to section 111 sends a deferred class gift to members alive when possession falls in, here at C's death. Illustration (vi) to section 111 says "the legacy belongs to D, E, F and G, to the exclusion of the after-born child of B". The words "to be born" do not keep the class open after the time fixed for division.