A bequeaths a legacy to "the children of B". B never had a legitimate child. At the date of the will C…
Section 100 lets reputed relatives take only where no legitimate relative exists, and the reputation must have been acquired by the date of the will. Illustration (v) to…
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A bequeaths a legacy to "the children of B". B never had a legitimate child. At the date of the will C and D had acquired the reputation of being B's children. After the will and before A's death, E and F were born and acquired the same reputation. Who are the objects of the bequest?
Answer and explanation
Correct answer D
Section 100 lets reputed relatives take only where no legitimate relative exists, and the reputation must have been acquired by the date of the will. Illustration (v) to section 100 holds that "only C and D are objects of the bequest". E and F are excluded, even though they gained the reputation before A died.