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A fund is bequeathed to A, B and C in equal shares, to be paid on their attaining 18, with a proviso…

Illustration (vi) to section 119 says the shares vested on the testator's death, "subject to be divested in case A, B and C shall all die under 18", and on the death of any…

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A fund is bequeathed to A, B and C in equal shares, to be paid on their attaining 18, with a proviso that if all of them die under 18 the legacy shall go to D. A dies at 15, while B and C are alive. What happens to A's share?

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Correct answer D

Illustration (vi) to section 119 says the shares vested on the testator's death, "subject to be divested in case A, B and C shall all die under 18", and on the death of any of them under 18 "his vested interest passes, so subject, to his representatives." The gift over to D can operate only if all three die under 18, so it does not take effect on A's death alone. Nor does the will give A's share to B and C by survivorship.

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