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Substitutional, Sudstitution-Ary

Defined in 1 dictionary — Black's (1910)

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Where a will contains a glft of property to a class of persens, with a clause providing that on the death of a member of the class before the period of distribution his Share is to go to his issue, (if any,) so as in substitute them for him, the gift to the issue is said to be substitutional or substitutionary. A bequest to such of the children of A. as shall be living at the testator's death, with a direction that the issue of such as shall have died shall take the shares which their parents would have taken, if living at the testator's death, is an example. Sweet. See Acken v. Osborn, 45 N. J. Eq. 377, 17 Atl. 767; In re De Laveaga's Estate, 119 Cal. 651, 51 Pac. 1074.