The testator gives his residuary estate to be divided among "my seven children" and, proceeding to list…
Under section 76 an error in naming the legatees of a class does not defeat the gift where the words show who is meant. Illustration (iv) to section 76 says the omission…
Choose your answer
The testator gives his residuary estate to be divided among "my seven children" and, proceeding to list them, mentions six names only. What is the position of the seventh child?
Answer and explanation
Correct answer D
Under section 76 an error in naming the legatees of a class does not defeat the gift where the words show who is meant. Illustration (iv) to section 76 says the omission "will not prevent the seventh child from taking a share with the others". The words "my seven children" show the testator meant all seven, so the incomplete list does not cut one out.