Page:United States Statutes at Large Volume 76A.djvu/662

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–566–

-566§ 191. Words referring to death or survivorship Words in a will referring to death or survivorship simply, relate to the time of the testator's death, unless possession is actually postponed, when they shall be referred to the time of possession. § 192. Bequest to a class; after-born children A testamentary disposition to a class includes every person answering the description at the testator's death; but when the possession is postponed to a future period, it includes also all persons coming within the description before the time to which possession is postponed. A child conceived before, but not born until after, a testator's death, or any other period when a disposition to a class vests in right or in possession, takes, if answering to the description of the class. § 193. Bequest of all property; power to devise A bequest of all the testator's property, in express terms, or in any other terms denoting such an intent, passes all the property which he was entitled to dispose of by will at the time of his death, including property embraced in a power to devise. § 194. Residuary disposition A bequest of the residue of the testator's personal property passes all the personal property which he was entitled to bequeath at the time of his death, not otherwise effectually bequeathed by his will. § 195. Mistakes and omissions; extrinsic evidence; oral declarations When there is an imperfect description in a will, or no person or roperty exactly answers the description, mistakes and omissions shall e corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intentions. § 196. Vesting of bequests Testamentary dispositions, including bequests to a person on attaining majority, are presumed to vest at the testator's death. § 197. Plural legatees A legacy given to more than one person vests in them as owners in common, unless the will otherwise provides.

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CHAPTER 13—CONDITIONS AND REMAINDERS Sec. 231. Death of legatee of limited interest 232. Conditional disposition defined. 233. Condition precedent; construction; operation. ^^, f 234. Condition subsequent; operation. § 231. Death of legatee of limited interest The death of a legatee of a limited interest before the testator's death does not defeat the interests of persons in remainder, who survive the testator. § 232. Conditional disposition defined A conditional disposition is one that depends upon the occurrence of an uncertain event, by which it is either to take effect or be defeated.