A bequeaths a fund to the children of B, to be divided among them when the eldest attains majority. At…
Under the Exception to section 111, the class is fixed when possession falls in, here when the eldest child comes of age, and includes the representatives of members who…
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A bequeaths a fund to the children of B, to be divided among them when the eldest attains majority. At the testator's death B has one child, C; later D and E are born. E dies, but C and D are living when C attains majority. Who takes the fund?
Answer and explanation
Correct answer B
Under the Exception to section 111, the class is fixed when possession falls in, here when the eldest child comes of age, and includes the representatives of members who died after the testator. Illustration (vii) to section 111 says "the fund belongs to C, D and the representatives of E", to the exclusion of any child born after C attains majority. E's death before the division does not defeat his share.