The testator bequeaths "1,000 rupees to each of the three children of A". At the date of the will A has…
Illustration (vi) to section 76 says each of the four children "will, if he survives the testator, receive a legacy of 1,000 rupees". The mistaken number is an error of…
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The testator bequeaths "1,000 rupees to each of the three children of A". At the date of the will A has four children. What is the result?
Answer and explanation
Correct answer C
Illustration (vi) to section 76 says each of the four children "will, if he survives the testator, receive a legacy of 1,000 rupees". The mistaken number is an error of description that section 76 does not allow to defeat the gift to the class meant. The rule of survival still applies, so a child who dies before the testator takes nothing.