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Property is bequeathed to A for life, and after A's death to B and C, with a direction that if either…

Illustration (iv) to section 125 says "The legacy goes to the representative of C". The will expressly fixes the event: on B's death in A's lifetime, C became the survivor…

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Property is bequeathed to A for life, and after A's death to B and C, with a direction that if either dies in A's lifetime, the whole shall go to the survivor. B dies in A's lifetime, and later C also dies in A's lifetime. Who takes on A's death?

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Answer and explanation

Correct answer B

Illustration (iv) to section 125 says "The legacy goes to the representative of C". The will expressly fixes the event: on B's death in A's lifetime, C became the survivor entitled to the whole. C's own later death does not undo that, because no one is left to survive him, so his share passes to his representative.

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