A makes his will bequeathing a sum of money to his son B for his own absolute use and benefit. B dies…
Section 109 saves a bequest to the testator's child or lineal descendant from lapse where a lineal descendant of the legatee survives the testator; the bequest then takes…
Choose your answer
A makes his will bequeathing a sum of money to his son B for his own absolute use and benefit. B dies before A, leaving a son C, who survives A. B had made a will giving all his property to his widow D. Who gets the money?
Answer and explanation
Correct answer B
Section 109 saves a bequest to the testator's child or lineal descendant from lapse where a lineal descendant of the legatee survives the testator; the bequest then takes effect as though the legatee had died "immediately after the death of the testator". The Illustration to section 109 says "the money goes to D". C's survival only prevents the lapse; the money then passes through B's estate under B's will.