Lawgist96Bequest in alternative
Where a property is bequeathed to a person with a bequest in the alternative to another person or to a class of persons, then, if a contrary intention does not appear by the Will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect; but if he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy.
Illustrations
(i) A bequest is made to A or to B. A survives the testator. B takes nothing.
(ii) A bequest is made to A or to B. A dies after the date of the Will, and before the testator. The legacy goes to B.
(iii) A bequest is made to A or to B. A is dead at the date of the Will. The legacy goes to B.
(iv) Property is bequeathed to A or his heirs. A survives the testator. A takes the property absolutely.
(v) Properly is bequeathed to A or his nearest of kin. A dies in the lifetime of the testator. Upon the death of the testator, the bequest to A's nearest of kin takes effect.
(vi) Properly is bequeathed to A for life, and after this death to B or his heirs. A and B survive the testator. B dies in A's lifetime. Upon A's death the bequest to the heirs of B takes effect.
(vii) Property is bequeathed to A for life, and after his death to B or his heirs. B dies in the testator's lifetime. A survives the testator. Upon A's death the bequest to the heirs of B takes effect.
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- 74 Wording of wills
- 75 Inquiries to determine questions as to object or subject of will
- 76 Misnomer or misdescription of object
- 77 When words may be supplied
- 78 Rejection of erroneous particulars in description of subject
- 79 When part of description may not be rejected as erroneous
- 80 Extrinsic evidence admissible in cases of patent ambiguity
- 81 Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
- 82 Meaning or clause to be collected from entire Will
- 83 When words may be understood in restricted sense, and when in sense wider than usual
- 84 Which of two possible constructions preferred
- 85 No part rejected, if it can be reasonably construed
- 86 Interpretation of words repeated in different parts of will
- 87 Testator’s intention to be effectuated as far as possible
- 88 The last of two inconsistent clauses prevails
- 89 Will or bequest void for uncertainty
- 90 Words describing subject refer to property answering description at testator’s death
- 91 Power of appointment executed by general bequest
- 92 Implied gift to objects of power in default of appointment
- 93 Bequest to “heirs,” etc., of particular person without qualifying terms
- 94 Bequest to “representatives”, etc., of particular person
- 95 Bequest without words of limitation
- 96 Bequest in alternative
- 97 Effect of words describing a class added to bequest to person
- 98 Bequest to class of persons under general description only
- 99 Construction of terms
- 100 Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
- 101 Rules of construction where will purports to make two bequests to same person
- 102 Constitution of residuary legatee
- 103 Property to which residuary legatee entitled
- 104 Time of vesting legacy in general terms
- 105 In what case legacy lapses
- 106 Legacy does not lapse if one of two joint legatees die before testator
- 107 Effect of words showing testator’s intention to give distinct shares
- 108 When lapsed share goes as undisposed of
- 109 When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime
- 110 Bequest to A for benefit of B does not lapse by A’s death
- 111 Survivorship in case of bequest to described class
