In a majority-rule jurisdiction, if a will gives “to S, if S survives me,” and S predeceases leaving descendants, who receives the $100,000?

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Multiple Choice

In a majority-rule jurisdiction, if a will gives “to S, if S survives me,” and S predeceases leaving descendants, who receives the $100,000?

Explanation:
The key idea is how bequests that depend on survivorship are treated when the beneficiary dies before the testator. A gift stated as “to S, if S survives me” is a condition precedent: S must outlive the testator to take. In a majority-rule jurisdiction, there is usually an anti-lapse rule: if the named beneficiary dies before the testator but leaves descendants who survive the testator, the gift does not lapse. Instead, it goes to those descendants, usually by representation (per stirpes). So if S dies before the testator but leaves descendants who survive the testator, those descendants receive the $100,000. This keeps the bequest within S’s line rather than returning to the testator’s estate or vanishing. If there were no anti-lapse rule (or if S had no surviving descendants), the gift would lapse and likely fall back to the testator’s estate. In short, under the common majority approach with anti-lapse, S’s descendants take the bequest when S predeceases leaving descendants.

The key idea is how bequests that depend on survivorship are treated when the beneficiary dies before the testator. A gift stated as “to S, if S survives me” is a condition precedent: S must outlive the testator to take. In a majority-rule jurisdiction, there is usually an anti-lapse rule: if the named beneficiary dies before the testator but leaves descendants who survive the testator, the gift does not lapse. Instead, it goes to those descendants, usually by representation (per stirpes).

So if S dies before the testator but leaves descendants who survive the testator, those descendants receive the $100,000. This keeps the bequest within S’s line rather than returning to the testator’s estate or vanishing. If there were no anti-lapse rule (or if S had no surviving descendants), the gift would lapse and likely fall back to the testator’s estate.

In short, under the common majority approach with anti-lapse, S’s descendants take the bequest when S predeceases leaving descendants.

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