A legacy is bequeathed to A, "and, in case of his death, to B". No time is mentioned for A's death. A…
Illustration (i) to section 124 holds that if A survives the testator, "the legacy to B does not take effect". Where no time is fixed for the uncertain event, section 124…
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A legacy is bequeathed to A, "and, in case of his death, to B". No time is mentioned for A's death. A survives the testator and dies some years later. What is the position of B?
Answer and explanation
Correct answer B
Illustration (i) to section 124 holds that if A survives the testator, "the legacy to B does not take effect". Where no time is fixed for the uncertain event, section 124 requires it to happen before the fund is payable or distributable, which here is the testator's death. Once A survives that time, A takes absolutely and his later death does not carry the legacy to B.