Section 111:
Survivorship in case of bequest to described class.
Where a bequest is made simply to a
described class of persons, the thing bequeathed shall go only to such as are alive at the testator's death.
Exception.--If property is bequeathed to a class of persons described as standing in a particular
degree of kindred to a specified individual, but their possession of it is deferred until a time later than the
death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of
them as are then alive, and to the representatives of any of them who have died since the death of the
testator.
Illustrations
(i) A bequeaths 1,000 rupees to "the children of B" without saying when it is to be distributed among them. B
had died previous to the date of the will, leaving three children, C, D and E. E died after the date of the will, but
before the death of A. C and D survive A. The legacy will belong to C and D, to the exclusion of the representatives
of E.
(ii) A lease for years of a house, was bequeathed to A for his life, and after his decease to the children of B. At
the death of the testator, B had two children living, C and D, and he never had any other child. Afterwards, during
the lifetime of A, C died, leaving E, his executor. D has survived A, D and E are jointly entitled to so much of the
leasehold term as remains unexpired.
(iii) A sum of money was bequeathed to A for her life, and after her decease to the children of 13. At the death
of the testator, B had two children living, C and D, and, after that event, two children, E and F, were born to B. C
and E died in the lifetime of A, C having made a will, E having made no will. A has died, leaving D and F surviving
her. The legacy is to be divided into four equal parts, one of which is to be paid to the executor of C, one to D, one
to the administrator of E and one to F.
(iv) A bequeaths one-third of his lands to B for his life, and after his decease to the sisters of B. At the death of
the testator, B had two sisters living, C and D, and after that event another sister E was born. C died during the life
of B, D and E have survived B. One-third of As land belong to D, E and the representatives of C, in, equal shares.
(v) A bequeaths 1,000 rupees to B for life and after his death equally among the children of C. Up to the death
of B, C had not had any child. The bequest after the death of B is void.
(vi) A bequeaths 1,000 rupees to "all the children born or to be born" of B to be divided among them at the
death of C. At the death of the testator, B has two children living, D and E. After the death of the testator, but in the
lifetime of C, two other children, F and G, are born to B. After the death of C, another child is horn to B. The legacy
belongs to D, E, F and G, to the exclusion of the after-born child of B.
(vii) A bequeaths a fund to the children of B, to be divided among them when the eldest shall attain majority. At
the testator's death, B had one child living, named C. He afterwards had two other children, named D and E. E died,
but C and D were living when C attained majority. The fund belongs to C, D and the representatives of E, to the
exclusion of any child who may be born to B after C's attaining majority.