A legacy is given simply "to A and B", with no words of severance. A dies before the testator. What…
Section 106 states: "If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole." The Illustration to section…
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A legacy is given simply "to A and B", with no words of severance. A dies before the testator. What happens to the legacy?
Answer and explanation
Correct answer D
Section 106 states: "If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole." The Illustration to section 106 applies this: "A dies before the testator. B takes the legacy." Because the gift is joint, no share is set apart for A that could lapse.