A fund is bequeathed to A for life, and after his death to all his children who attain the age of 25. A…
Illustration (i) to section 115 holds that the gift is inoperative as to the children it cannot validly reach but "is operative in regard to the other children of A".…
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A fund is bequeathed to A for life, and after his death to all his children who attain the age of 25. A survives the testator and has some children living at the testator's death; he may have more later. What is the status of the class gift?
Answer and explanation
Correct answer B
Illustration (i) to section 115 holds that the gift is inoperative as to the children it cannot validly reach but "is operative in regard to the other children of A". Section 115 says a class gift caught partly by section 113 or 114 is void "in regard to those persons only, and not in regard to the whole class". So the presence of possible later-born children does not destroy the gift for all.