A fund is bequeathed to A for life, then to B for life, and after B's death to such of B's sons as…
Illustration (ii) to section 114 holds that "The bequest is valid." Because B died before the testator, every possible son of B was alive at the testator's death, and the…
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A fund is bequeathed to A for life, then to B for life, and after B's death to such of B's sons as shall first attain the age of 25. B dies in the testator's lifetime, leaving sons. What is the status of the gift to B's sons?
Answer and explanation
Correct answer D
Illustration (ii) to section 114 holds that "The bequest is valid." Because B died before the testator, every possible son of B was alive at the testator's death, and the time when any of them reaches 25 "necessarily falls within his own lifetime". Vesting therefore cannot be delayed beyond a life in being, so the age of 25 does no harm here.