Anti Lapse To Heir At Law
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
14982_art_collection · REAL_PROPERTY · Choice BStephen and Tabitha, and all other grandchildren who may in the future be born to Lydia.
Why it's attractive
The class of grandchildren closed at Solomon's death. No more grandchildren can be born after the testator is dead. Lydia's future children are not Solomon's grandchildren.
Why it's wrong
The class of grandchildren closed at Solomon's death. No more grandchildren can be born after the testator is dead. Lydia's future children are not Solomon's grandchildren.
14982_art_collection · REAL_PROPERTY · Choice CSolomon's brother, Aaron.
Why it's attractive
The art collection is a specific bequest to the class, not part of the residue. The brother (Aaron) is the residuary beneficiary, but specific bequests that are satisfied do not fall into the residue.
Why it's wrong
The art collection is a specific bequest to the class, not part of the residue. The brother (Aaron) is the residuary beneficiary, but specific bequests that are satisfied do not fall into the residue.
14982_art_collection · REAL_PROPERTY · Choice DStephen, Tabitha, and Phoebe (the deceased grandchild's mother).
Why it's attractive
The anti-lapse statute substitutes the deceased devisee's 'issue' (lineal descendants), not the heir-at-law. Benjamin had no issue. Phoebe is Benjamin's mother (heir-at-law), not his issue. The statute has nothing to substitute; Benjamin's share lapses to the surviving class members.
Why it's wrong
The anti-lapse statute substitutes the deceased devisee's 'issue' (lineal descendants), not the heir-at-law. Benjamin had no issue. Phoebe is Benjamin's mother (heir-at-law), not his issue. The statute has nothing to substitute; Benjamin's share lapses to the surviving class members.
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