A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's…
Illustration (ii) to section 136 holds that "The bequest ceases to have effect". By marrying a stranger A "indefinitely postpones" the marriage the will requires, and…
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A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. No time is fixed. A marries a stranger. What is the result?
Answer and explanation
Correct answer C
Illustration (ii) to section 136 holds that "The bequest ceases to have effect". By marrying a stranger A "indefinitely postpones" the marriage the will requires, and section 136 then treats him as if he had died without performing the act. The absence of a fixed time does not save the gift.