An estate is bequeathed to A for life, and if A marries, to the eldest son of B for life. B had no son…
Illustration (iii) to section 133 holds that the gift over to B's unborn eldest son for life is void, "and A is entitled to the estate during his life". A life interest to a…
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An estate is bequeathed to A for life, and if A marries, to the eldest son of B for life. B had no son at the testator's death. A marries. What is A's position?
Answer and explanation
Correct answer B
Illustration (iii) to section 133 holds that the gift over to B's unborn eldest son for life is void, "and A is entitled to the estate during his life". A life interest to a person not in existence at the testator's death, after a prior gift, is less than the whole remaining interest and cannot stand. Under section 133 the invalid ulterior bequest leaves A's original bequest untouched.