A legacy is bequeathed to A, to be paid at 18 or on marriage, with a proviso that if A dies under 18 or…
Illustration (iii) to section 132 holds that "The bequest to C takes effect". One of the events named for the gift over, marriage without B's consent, has happened exactly…
Choose your answer
A legacy is bequeathed to A, to be paid at 18 or on marriage, with a proviso that if A dies under 18 or marries without B's consent, the legacy shall go to C. A marries at 17 without B's consent. What is the result?
Answer and explanation
Correct answer A
Illustration (iii) to section 132 holds that "The bequest to C takes effect". One of the events named for the gift over, marriage without B's consent, has happened exactly as described, so the condition is strictly fulfilled under section 132. A's marriage cannot entitle him to payment when that very marriage triggers the gift over.