A testator bequeathed a fund to his nephew A. and the children of his late sister B, as tenants in common ; but, in case any died before the testator leaving issue, his share was not to ‘lapse,’ but go to his executors as part of his personal estate. Three of the children of B. died before the testator and left no issue. Held, that there was no lapse, but that the whole went to the other members of the class.
Citations:
[1866] EngR 107, (1866) 35 Beav 307, (1866) 55 ER 914
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 20 December 2022; Ref: scu.280818