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Where property is bequeathed
to a person, and words are added which describe a class of persons but do not denote them as direct
objects of a distinct and independent gift, such person is entitled to the whole interest of the testator
therein, unless a contrary intention appears by the will.
Illustrations
(i) A bequest is made--
to A and his children,
to A and his children by his present wife,
to A and his heirs,
to A and the heirs of his body,
to A and the heirs male of his body,
to A and the heirs female of his body,
to A and his issue,
to A and his family,
to A and his descendants,
to A and his representatives,
to A and his personal representatives,
to A, his executors and administrators.
In each of these cases, A takes the whole interest which the testator had in the property.
(ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy.
(iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in
equal shares to all persons who then answer the description of issue of A.
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