A has a niece of illegitimate birth who has acquired the reputation of being his niece, and he has no…
Section 100 reads relationship words as meaning legitimate relatives, but where there are none, they denote persons who have acquired the reputation of being such relatives.…
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A has a niece of illegitimate birth who has acquired the reputation of being his niece, and he has no legitimate niece. He bequeaths a sum of money "to my niece". Who takes?
Answer and explanation
Correct answer B
Section 100 reads relationship words as meaning legitimate relatives, but where there are none, they denote persons who have acquired the reputation of being such relatives. Illustration (ii) to section 100 states that "the illegitimate niece is entitled to the legacy". The gift does not fail, because the reputed niece answers the description.