substitution by will

substitution by will
The effect of a clause in a will whereby the testator provides for the replacement of the beneficiary of a particular bequest by another person, or the replacement of a bequest to a designated beneficiary by another bequest to or in favor of the same beneficiary, under circumstances set forth in the clause. 57 Am J1st Wills § 1181. A gift over, that is, a gift to a charity to take effect in the event a designated gift does not take effect. Re Harrington's Estate, 151 Neb 81, 36 NW2d 577. A gift by later will or codicil in substitution for a gift made to the same beneficiary by the original will. Anno: 37 ALR2d 17, 48. A testamentary gift is substitutional where the testator provides that someone shall take it in event of the death of the original beneficiary before the period of distribution. One taking by substitution can take only under the terms of the will, subject to the same conditions as are attached to the gift. Re Waring, 293 NY 186, 56 NE2d 543, 157 ALR 1101.

Ballentine's law dictionary. . 1998.

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