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 (i) to section 114 holds that "The bequest after B's death is void." Section 114 allows vesting to be delayed only for lives in being at the testator's death…
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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. A and B survive the testator. Under the rule against perpetuity in the Indian Succession Act, what is the status of the gift after B's death?
Answer and explanation
Correct answer D
Illustration (i) to section 114 holds that "The bequest after B's death is void." Section 114 allows vesting to be delayed only for lives in being at the testator's death plus the minority of a person then in existence. A son of B born after the testator's death might reach 25 more than 18 years after the death of the survivor of A and B, so the gift may vest too remotely; the Act does not read the age down to 18.