A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A…
Illustration (i) to section 129 holds that "The bequest to B takes effect". Under section 129, where the prior bequest fails, the second takes effect "although the failure…
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A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without ever having had a child. What happens to the money?
Answer and explanation
Correct answer C
Illustration (i) to section 129 holds that "The bequest to B takes effect". Under section 129, where the prior bequest fails, the second takes effect "although the failure may not have occurred in the manner contemplated by the testator". The gift to the children failed because there were none, which is enough to let in B.