An estate is bequeathed to A for her life, and "if she do not desert her husband", to B. What is A's…
Illustration (ii) to section 133 holds that "A is entitled to the estate during her life as if no condition had been inserted in the will". The gift over to B is tied to an…
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An estate is bequeathed to A for her life, and "if she do not desert her husband", to B. What is A's position?
Answer and explanation
Correct answer D
Illustration (ii) to section 133 holds that "A is entitled to the estate during her life as if no condition had been inserted in the will". The gift over to B is tied to an immoral condition and fails, but under section 133 the invalidity of the ulterior bequest does not affect the original one. A therefore takes her life estate free of the condition.