A sum of money is bequeathed to A on his completing his eighteenth year, and, in case he should die…
Section 105 makes a legacy lapse if the legatee does not survive the testator, unless the will shows it should go to someone else. The gift over to B was only for A dying…
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A sum of money is bequeathed to A on his completing his eighteenth year, and, in case he should die before completing it, to B. A completes his eighteenth year and then dies in the lifetime of the testator. What is the result?
Answer and explanation
Correct answer D
Section 105 makes a legacy lapse if the legatee does not survive the testator, unless the will shows it should go to someone else. The gift over to B was only for A dying before eighteen, which did not happen, so Illustration (v) to section 105 says the legacy to A lapses and the bequest to B "does not take effect". A's reaching eighteen does not help his representatives, because he did not survive the testator.