A lease for years of a house is bequeathed to A for his life, and after his death to the children of B.…
Under the Exception to section 111, where a class described by kinship to a named person must wait for possession because of a prior gift, the property goes to those then…
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A lease for years of a house is bequeathed to A for his life, and after his death to the children of B. At the testator's death B has two children, C and D, and never has another. During A's life C dies, leaving E as his executor. D survives A. Who takes the rest of the term on A's death?
Answer and explanation
Correct answer C
Under the Exception to section 111, where a class described by kinship to a named person must wait for possession because of a prior gift, the property goes to those then alive "and to the representatives of any of them who have died since the death of the testator". Illustration (ii) to section 111 says "D and E are jointly entitled to so much of the leasehold term as remains unexpired". C's share is not lost by his death during A's life, because C survived the testator.