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Help me understand a sentence please

English for Specific Purposes (ESP) » Legal English

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Latest post Tue, Nov 11 2008 7:02 PM by optilang. 1 replies.
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Anonymous  +  586483 Tue, 11 Nov 08 03:04 PM
Hi,

I have to translate a will into French but there is one sentence which I just cannot understand.
Part one = could you let me know whether what I understood is correct ?
Part two = no idea !!
Could you please be so kind as to rephrase it so that I can get a glimpse of what is meant ?
Thanks a lot

PART ONE
I give devise and bequeath all my estate and property both real and personal of whatever nature and wheresoever situate unto my trustees upon trust for sale
and to hold the net proceeds of sale and my ready money upon trust for themselves in equal shares absolutely

= I give everything I own (whatever and wherever it is) to my sons, and I trust them to sell my belongings and share the amount of money obtained
from the sale equally between themselves  .
 
PART TWO
provided always that if either of my said sons shall have preceased me leaving issue living at my death then such issue shall take and if more than one in equal shares per stirpes the share of my estate which such deceased son
would have taken had he or they survived me.

Does "issue" here mean "grandchild(ren)" ??
Anonymous
optilang  +  586564 Tue, 11 Nov 08 07:02 PM
Hi

Part two

If either of my sons dies before me and leaves a child (grandchild to the person who is wrtiting the will), and the child is living at the time of my death, or if there is more than one child living at that time, they will take a share of the estate in equal shares per branch of the family which would otherwise have gone to the deceased son.


Example 1    -   Father + 2 sons. Father dies. Each son gets (let's say) 25% of the estate.

Example 2    -   Father + 2 sons. 1 son dies before the father leaving 2 children who are both alive at the time of the death of the writer of the will.
                        The living son will inherit 25%
                        The 2 grandchildren from the deceased son will share 25%

Example 3  - Father  + 2 sons. Both sons die before the father. Son A has 1 child, son B has 2 children.

                        1 child of son A will receive 25%
                        2 children of son B will share 25%

Hope that makes some sense.
optilang
Joined on Tue, May 13 2008
Poland
Senior Member 2,524
OptiNative British English Speaker Wherever I may roam, I'm still a Londoner.
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