appear by the will, the legatee first named shall be entitled to the legacy, if
he or she is alive at the time when it takes effect; but, if he or she is then
dead, the person or class of persons named in the second branch of the
alternative shall take the legacy.
84.
Effect of words describing a class added to bequest to a person.
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 a person is entitled to the whole interest
of the testator in the property, unless a contrary intention appears by the will.
85.
Bequest to class of persons under general description only.
Where a bequest is made to a class of persons under a general description
only, no one to whom the words of the description are not in their ordinary
sense applicable shall take the legacy.
86.
Construction of terms.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
In a will—
“children” applies only to lineal descendants in the first degree;
“cousins”, “first cousins” or “cousins-german” apply only to
children of brothers or of sisters of the father or mother of the
person whose cousins, first cousins or cousins-german are spoken
of;
“first cousins once removed” apply only to children of cousinsgerman or to cousins-german of a parent of the person whose first
cousins once removed are spoken of;
“grandchildren” applies only to lineal descendants in the second
degree of the person whose children or grandchildren are spoken
of;
“issue” and “descendants” apply to all lineal descendants of the
person whose issue or descendants are spoken of;
“nephews” and “nieces” apply only to children of brothers or
sisters;
“second cousins” apply only to grandchildren of brothers or of
sisters of the grandfather or grandmother of the person whose
second cousins are spoken of.
Words in a will expressive of collateral relationship apply alike
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