Report No. 110

18.5. Recommendation.-

Accordingly, we recommend that in section 120, Exception, the following proviso should be inserted at the end:

"Provided that nothing in this Exception shall affect the provisions of section 121."

18.6. Section 121-Vesting of interest in bequest to such members of a class is shall have attained particular age.-

Section 121 reads:-

"121. Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy.

Illustration

A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested interest in the bequest."

The section needs no change. The relationship of this section to the Exception to section 120 has been already dealt with.1

1. Para. 18.4, supra.