A legacy is bequeathed to A, "and, in case of his death without children, to B". A dies in the…
Illustration (ii) to section 124 says that if A survives the testator "or dies in his lifetime leaving a child, the legacy to B does not take effect". The event on which B's…
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A legacy is bequeathed to A, "and, in case of his death without children, to B". A dies in the testator's lifetime, leaving a child. Does the legacy to B take effect?
Answer and explanation
Correct answer A
Illustration (ii) to section 124 says that if A survives the testator "or dies in his lifetime leaving a child, the legacy to B does not take effect". The event on which B's gift depends is A's death without children before the fund becomes payable. A died leaving a child, so that event never happened.