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Business, 09.07.2019 03:30 Lilbre4676

Under the terms of his duly probated will, a testator devised his house to his “grandchildren in fee simple” and the residue of his estate to his brother. the testator had had two children, a son and a daughter, but only the daughter survived the testator. at the time of the testator’s death, the daughter was 30 years old and had two minor children (grandchildren of the testator) who also survived the testator. a third grandchild of the testator, who was the child of the testator’s predeceased son, had been alive when the testator executed the will, but had predeceased the testator. under the applicable intestate succession laws, the deceased grandchild’s sole heir was his mother. a statue of the jurisdiction provides as follows: “if a devisee, including a devisee of a class gift, who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will or fails to survive the testator, the issue of such deceased devisee shall take the deceased's share under the will, unless the will expressly provides that this statute shall not apply. for this purpose, words of survivorship, such as 'if he survives me,' are a sufficient expression that the statute shall not apply.”who now owns the house? a. the testator’s brother. b. the testator’s two surviving grandchildren. c. the testator’s two surviving grandchildren and all other grandchildren who are born to the testator’s daughter. d. the testator’s two surviving grandchildren and the deceased grandchild’s mother.

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