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A sum of money is bequeathed to A, B and C, "to be equally divided among them". A dies before the…

Section 107 provides that where a bequest shows the testator meant the legatees to take distinct shares, the share of one who dies before the testator lapses into the…

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A sum of money is bequeathed to A, B and C, "to be equally divided among them". A dies before the testator. What do B and C take?

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Correct answer D

Section 107 provides that where a bequest shows the testator meant the legatees to take distinct shares, the share of one who dies before the testator lapses into the residue. The Illustration to section 107 says "B and C will only take so much as they would have had if A had survived the testator". The words "to be equally divided" mark separate shares, so the survivorship rule for joint legatees in section 106 does not apply.

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