The Law Dictionary

Featuring Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed.

What is SUBSTITUTIONAL, SUBSTITUTIONARY

Where a will contains a gift of prop- erty to a class of persons, with a clause providing that on the death of a member of the class before the period of distribution his share is to go to his issue, (if auy,) so as to substitute them for him, the gift to the issue is said to be substitutional or substitutionary. A bequest to such of the children of A. as shall be living at the testator’s death, with a direction that the issue of such as shall have died shall take the shares which their parents would have taken, if living at the testator’s death, is an example. Sweet. See Ackeu v. Osborn, 45 N. J. Eq. 377, 17 Atl. 7G7; In re De Laveaga’s Estate, 119 Cal. G51, 51 Pac. 1074.

Disclaimer

Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.