Section 42(b) in The Specific Relief Act, 1977 (1920 A.D.)
(b)A bequeaths his property to B, C and D, "to be equally divided amongst all and each of them, if living at the time of my death, then amongst their surviving children". No such children are in existence. In a suit against A's executor, the Court may declare whether B, C and D took the property absolutely, or only for their lives, and it may also declare the interest of the children before their rights are vested.
