Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator.
Illustrations:
(i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without having ever had a child. The bequest to B takes effect.
(ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A's death, and, if he should neglect to do so, to C. B dies in the testator's lifetime. The bequest to C takes effect.
Legal Commentary & Landmark Judgments: Section 129
Section 129 codifies the Doctrine of Acceleration of Subsequent Bequests, providing that where a prior bequest fails, the ultimate bequest takes effect unless the will indicates a contrary intention.
If a life-tenant under a will disclaims the life interest or predeceases the testator, counsel for the remainderman should immediately file for probate or possession citing Section 129, as the remainder accelerates into an immediate absolute estate.