Property is bequeathed to A for life, and after A's death to B and C, or the survivor, with a direction…
Illustration (iii) to section 125 holds that "The legacy goes to the representative of B". Section 125 sends the legacy to those alive at distribution only "unless a…
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Property is bequeathed to A for life, and after A's death to B and C, or the survivor, with a direction that if B does not survive the testator, his children are to stand in his place. C dies during the testator's life. B survives the testator but dies in A's lifetime. Who takes on A's death?
Answer and explanation
Correct answer C
Illustration (iii) to section 125 holds that "The legacy goes to the representative of B". Section 125 sends the legacy to those alive at distribution only "unless a contrary intention appears by the will", and the direction about B's children shows that survivorship was to be judged at the testator's death. B survived the testator, so his share vested and passes to his representative; the substitution for his children never came into play.