IMMEDIATE GIFTS – where there is an immediate gift to a class, the class closes as soon as any member can demand possession, either at the T’s death or later.
1. EXCEPTION – if no members of the class have been born before T’s death, the class does not close until the death of the designated ancestor of the class.
2. Rationale – since testator must have known there were no class members alive at his death, it is assumed the testator intended class members, whenever born, to share
3. Example – testator bequeaths 10,000 “to the children of B.” B is alive and has two children, C & D. C & D demand immediate possession of their shares. The class closes and $5,000 goes to each. A year later E is born but does not share.
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