IS Act 130Chapter VI · Chapter XI.--Of Conditional Bequests
Section 130 · When second bequest not to take effect on failure of first
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Where the will shows an
intention that the second bequest shall take effect only in the event of the first bequest failing in a
particular manner, the second bequest shall not take effect, unless the prior bequest fails in that particular
manner.
Illustration
A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that which he had bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him, the bequest to B does not take effect.
Illustration
A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that which he had bequeathed to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him, the bequest to B does not take effect.
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