A bequeaths the residue of his property to be divided equally among his daughters, and directs that…
Illustration (i) to section 139 holds that "The representatives of each daughter are entitled to her share of the residue". The residue was given to the daughters…
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A bequeaths the residue of his property to be divided equally among his daughters, and directs that each daughter's share be settled on her for life and paid to her children after her death. All the daughters die unmarried. Who takes the shares?
Answer and explanation
Correct answer D
Illustration (i) to section 139 holds that "The representatives of each daughter are entitled to her share of the residue". The residue was given to the daughters absolutely, so as to sever it from A's estate, and the settlement was only a restriction to secure a benefit for them. Under section 139, when that benefit cannot be obtained, the fund belongs to the legatee as if there were no such direction.