Section 97Effect of words describing a class added to bequest to person

s. 97

97. Effect of words describing a class added to bequest to person Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will. Illustrations (i) A bequest is made- to A and his children, to A and his children by his present wife, to A and his heirs, to A and his heirs of his body, to A and his heirs male of his body, to A and his heirs female of his body, to A and his issue, to A and his family, to A and his descendants, to A and his representatives, to A and his personal representatives, to A, his executors and administrators, In each of these cases, A takes the whole interest which the testator had in the property. (ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy. (iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A.