§96 — Bequest in alternative

Where a property is bequeathed to a person with a bequest in the alternative to another person or to a class of persons, then, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect; but if he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. Illustrations (i) A bequest is made to A or to B. A survives the testator. B takes nothing. (ii) A bequest is made to A or to B. A dies after the date of the will, and before the testator. The legacy goes to B. (iii) A bequest is made to A or to B. A is dead at the date of the will. The legacy goes to B. (iv) Property is bequeathed to A or his heirs. A survives the testator. A takes the property absolutely. (v) Property is bequeathed to A or his nearest of kin. A dies in the lifetime of the testator. Upon the death of the testator, the bequest to A's nearest of kin takes effect. (vi) Property is bequeathed to A for life, and after his death to B or his heirs. A and B survive the testator. B dies in A's lifetime. Upon A's death the bequest to the heirs of B takes effect. (vii) Property is bequeathed to A for life, and after his death to B or his heirs. B dies in the testator's lifetime. A survives the testator. Upon A's death the bequest to the heirs of B takes effect.