Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will.
Illustrations:
(i) A bequest is made- to A and his children, to A and his children by his present wife, to A and his heirs, to A and the heirs of his body, to A and the heirs male of his body, to A and the heirs female of his body, to A and his issue, to A and his family, to A and his descendants, to A and his representatives, to A and his personal representatives, to A, his executors and administrators. In each of these cases, A takes the whole interest which the testator had in the property.
(ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy.
(iii) A bequest is made to A for life and after his death to his issue. At the death of A the property belongs in equal shares to all persons who then answer the description of issue of A.
Legal Commentary & Landmark Judgments: Section 97
Section 97 provides that where property is bequeathed to a class of persons who are to take simultaneously, they take as tenants in common in equal shares, unless a contrary intention appears.
The substantive effect is that there is no right of survivorship (jus accrescendi) among the beneficiaries after vesting. Upon the post-testator demise of one member of the class, that member's share does not pass to the surviving class members, but devolves upon their own legal heirs or testamentary legatees.
Section 97 is critical when a class beneficiary dies after the testator but before actual physical partition of the property. Surviving siblings often claim the entire asset by survivorship. Under Section 97, survivorship is rejected; the deceased sibling's fractional share passes to their surviving spouse and children.