The meaning of the word ‘survive’ in a limitation of property, is that the person to survive shall be living at the time of the event which he is to survive; it does not mean living at any time whatever after the event referred to. Consequently, a gift over, if there should be no child or remoter issue of AB who should survive the testator and AB, and should live to attain twenty-one, is not void for remoteness.
Citations:
[1866] EngR 161, (1866) 35 Beav 658, (1866) 55 ER 1053
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Updated: 18 May 2022; Ref: scu.280872