A fund is bequeathed to A for life, then to such of A's sons as first attains 25, and if no son of A…
Illustration (ii) to section 116 says "The bequest to B is void." The gift to the son who first reaches 25 is void under section 114, and section 116 extends that invalidity…
Choose your answer
A fund is bequeathed to A for life, then to such of A's sons as first attains 25, and if no son of A attains that age, to B. A and B survive the testator. What is the status of the gift to B?
Answer and explanation
Correct answer C
Illustration (ii) to section 116 says "The bequest to B is void." The gift to the son who first reaches 25 is void under section 114, and section 116 extends that invalidity to a gift intended to take effect "upon failure of such prior bequest". The general rule in section 129, that a second gift takes effect on failure of the first, does not rescue a gift over that follows a remote gift.