A bequeaths his estate of Green Acre to B for life, and on B's death to the eldest son of C. C has no…
Illustration (iv) to section 112 states that where "Up to the death of B, C has had no son", "The bequest to C's eldest son is void." The exception allows only a person who…
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A bequeaths his estate of Green Acre to B for life, and on B's death to the eldest son of C. C has no son at A's death, and still has none when B dies. What becomes of the bequest to C's eldest son?
Answer and explanation
Correct answer D
Illustration (iv) to section 112 states that where "Up to the death of B, C has had no son", "The bequest to C's eldest son is void." The exception allows only a person who is alive at the testator's death or who comes into existence before the deferred time (here B's death) to take. A son born to C after B's death comes too late.