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.

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