(755 ILCS 5/4-11) (from Ch. 110 1/2, par. 4-11)
Sec. 4-11.
Legacy to a deceased legatee.) Unless the testator expressly provides
otherwise in his will, (a) if a legacy of a present or future interest is
to a descendant
of the testator who dies before or after the testator, the descendants of
the legatee living when
the legacy is to take effect in possession or enjoyment, take per stirpes
the estate so bequeathed;
(b) if a legacy of a present or future interest is to a class and any member
of the class dies before
or after the testator, the members of the class living when the legacy is
to take effect in possession
or enjoyment take the share or shares which the deceased member would have taken if he
were then living, except that if the deceased member of the class is a descendant of the
testator, the descendants of the deceased member then living shall take per stirpes the
share or shares which the deceased member would have taken if he were then
living; and (c)
except as above provided in (a) and (b), if a legacy lapses by reason of the
death of the legatee before the testator, the estate so bequeathed shall be included
in and pass as part of the residue under the will, and if the legacy is
or becomes part of
the residue, the estate so bequeathed shall pass to and be taken by the
legatees or those
remaining, if any, of the residue in proportions and upon estates corresponding to their
respective interests in the residue. The provisions of (a) and (b) do not apply
to a future interest which is or becomes indefeasibly vested at the testator's
death or at any time thereafter before it takes effect in possession or enjoyment.
(Source: P.A. 79-328.)
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