A makes a bequest to his wife, but in case she dies in his lifetime, bequeaths the same to B. A and his…
The Illustration to section 130 holds that "the bequest to B does not take effect". The will shows that B was to take only if the wife's gift failed in one particular…
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A makes a bequest to his wife, but in case she dies in his lifetime, bequeaths the same to B. A and his wife perish together, and it cannot be proved that she died before him. Does the bequest to B take effect?
Answer and explanation
Correct answer D
The Illustration to section 130 holds that "the bequest to B does not take effect". The will shows that B was to take only if the wife's gift failed in one particular manner, by her death in A's lifetime. Since that cannot be proved, section 130 bars the second gift even though the first has failed in some other way.