A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. What is the nature of…
Illustration (i) to section 120 holds that "D has a contingent interest in the legacy until A, B and C all die under 18, or one of them attains that age." A legacy given in…
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A legacy is bequeathed to D in case A, B and C shall all die under the age of 18. What is the nature of D's interest after the testator's death?
Answer and explanation
Correct answer A
Illustration (i) to section 120 holds that "D has a contingent interest in the legacy until A, B and C all die under 18, or one of them attains that age." A legacy given in case a specified uncertain event happens does not vest until the event happens. The death of one of the three under 18 is not enough; if one reaches 18, the event can no longer happen.