A fund is bequeathed to A for life, then to B for life, with a direction that after B's death it be…
Illustration (iii) to section 114 holds that "All the bequests are valid." The division must take place at the latest 18 years after the death of B, who was living at the…
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A fund is bequeathed to A for life, then to B for life, with a direction that after B's death it be divided among such of B's children as attain 18, and if none attains that age, the fund goes to C. What is the status of these gifts?
Answer and explanation
Correct answer A
Illustration (iii) to section 114 holds that "All the bequests are valid." The division must take place at the latest 18 years after the death of B, who was living at the testator's death, so vesting stays within a life in being plus a minority. The gift over to C is therefore also within the permitted period.