This question should be answered using one IRAC structure. Please include all relevant key words in your answer.
A farmer’s will provides the following: “This is my last will and testament. I intend to leave my house to my mother; my farm to my sister; my horses to my nephew, who is my sister’s only child; and the residue of my estate to my wife.” Unfortunately, an accidental fire burns down the house and sends the farmer and his sister to the hospital. The sister dies two days before the farmer. A statute in the relevant jurisdiction provides the following: “If a beneficiary is (i) a descendant or brother or sister of the testator and (ii) dead at the time of execution of the will or dead at the time of the testator’s death, the descendants of the deceased beneficiary who survive the testator take in the place of the deceased beneficiary.”
What is the nephew entitled to receive from the farmer’s will?
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To answer this question, you should think about and discuss what happens when a beneficiary predeceases the testator.
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