A fund is bequeathed to A for life and then to his daughters, with a direction that if any daughter…
Illustration (iii) to section 113 explains that the settlement would cut down a daughter's absolute gift to a life interest, which is "less than the whole interest that…
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A fund is bequeathed to A for life and then to his daughters, with a direction that if any daughter marries under eighteen, her portion be settled on her for life and then divided among her children. A has no daughter at the testator's death; daughters are born later. What is the effect of the direction to settle?
Answer and explanation
Correct answer A
Illustration (iii) to section 113 explains that the settlement would cut down a daughter's absolute gift to a life interest, which is "less than the whole interest that remains to the testator", and so "The direction to settle the fund is void." The daughters were not in existence at the testator's death, so section 113 applies to the direction. Only the direction fails; the absolute gift to the daughters stands.