A sum of money is bequeathed to A, to be paid to him at the age of 18, and if he dies before reaching…
Illustration (i) to section 131 says A "takes a vested interest in the legacy, subject to be divested and to go to B in case A dies under 18". Section 131 allows a bequest…
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A sum of money is bequeathed to A, to be paid to him at the age of 18, and if he dies before reaching that age, to B. What is A's interest at the testator's death?
Answer and explanation
Correct answer D
Illustration (i) to section 131 says A "takes a vested interest in the legacy, subject to be divested and to go to B in case A dies under 18". Section 131 allows a bequest with a condition super-added that on an uncertain event the thing shall go to another. Because the words only postpone payment to 18, A's interest vests at once and the gift over operates as a divesting condition.