100. Bequest to a person not in existence at testator’s death, subject to
prior bequest.
Where a bequest is made to a person not in existence at the time of the
testator’s death subject to a prior bequest contained in the will, the later
bequest shall be void, unless it comprises the whole of the remaining interest
of the testator in the thing bequeathed.
101. Rule against perpetuity.
No bequest is valid by which the vesting of the thing bequeathed may be
delayed beyond the lifetime of one or more persons living at the testator’s
decease, and the minority of some person who is in existence at the
expiration of that period, and to whom, if he or she attains full age, the thing
bequeathed is to belong.
102. Bequest to a class, some of whom may come under section 100 or
101.
If a bequest is made to a class of persons, with regard to some of whom it is
inoperative by reason of section 100 and 101 or either of them, the bequest
shall be wholly void.
103. Bequest to take effect on failure of bequest void under section 100,
101 or 102.
Where a bequest is void by reason of any of the provisions of section 100,
101 or 102, any bequest contained in the same will and intended to take
effect after or upon failure of such prior bequest is also void.
104. Effect of direction for accumulation.
A direction to accumulate the income arising from any property shall be void,
and the property shall be disposed of as if no accumulation had been directed;
except that where the property is immovable, or where accumulation is
directed to be made from the death of the testator, the direction shall be valid
in respect only of the income arising from the property within one year next
following the testator’s death, and at the end of the year the property and
income shall be disposed of respectively as if the period during which the
accumulation has been directed to be made had elapsed.
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