A bequeaths 1,000 rupees to "the children of B" without saying when it is to be distributed. B had died…
Section 111 provides that where a bequest is made simply to a described class, "the thing bequeathed shall go only to such as are alive at the testator's death".…
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A bequeaths 1,000 rupees to "the children of B" without saying when it is to be distributed. B had died before the will, leaving three children, C, D and E. E died after the date of the will but before A. C and D survive A. Who takes the legacy?
Answer and explanation
Correct answer C
Section 111 provides that where a bequest is made simply to a described class, "the thing bequeathed shall go only to such as are alive at the testator's death". Illustration (i) to section 111 holds that "the legacy will belong to C and D, to the exclusion of the representatives of E". E's death before A takes him out of the class altogether, so no separate share lapses.