The testator, who has six grandchildren, makes a bequest to "my six grandchildren" and, naming them by…
Section 76 lets the description of a class of legatees correct a mistake in their names. Illustration (v) to section 76 says the grandchild "whose name is not mentioned will…
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The testator, who has six grandchildren, makes a bequest to "my six grandchildren" and, naming them by their Christian names, mentions one of them twice and leaves out another altogether. What is the result?
Answer and explanation
Correct answer A
Section 76 lets the description of a class of legatees correct a mistake in their names. Illustration (v) to section 76 says the grandchild "whose name is not mentioned will take a share with the others". The words "my six grandchildren" show the intended class, so the repeated name gives no extra share and the omitted grandchild is not shut out.