Property is bequeathed to A and B "to be equally divided between them, or to the survivor of them". A…
Illustration (i) to section 125 holds that if A dies before the testator and B survives, "it goes to B". Where the will does not fix the time of survivorship, section 125…
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Property is bequeathed to A and B "to be equally divided between them, or to the survivor of them". A dies before the testator and B survives the testator. How does the property go?
Answer and explanation
Correct answer A
Illustration (i) to section 125 holds that if A dies before the testator and B survives, "it goes to B". Where the will does not fix the time of survivorship, section 125 gives the legacy to those alive at the time of payment or distribution, which here is the testator's death. B is the only survivor at that time.