At the beginning of his will a man gives his house to A. At the close of the will he directs that his…
Under section 88, where two gifts in a will cannot possibly stand together, the last one prevails. Illustration (ii) to section 88 says that in this case "the latter…
Choose your answer
At the beginning of his will a man gives his house to A. At the close of the will he directs that his house shall be sold and the proceeds invested for the benefit of B. Which disposition takes effect?
Answer and explanation
Correct answer A
Under section 88, where two gifts in a will cannot possibly stand together, the last one prevails. Illustration (ii) to section 88 says that in this case "the latter disposition will prevail". The two gifts of the same house are irreconcilable, so the court does not divide the house or its income between A and B.