Where a will makes a class gift to persons 'who survive me' and contains a substitution clause for 'any beneficiary' who does not survive, the substitution clause only operates in respect of persons who were members of the class (i.e., who survived the testator). Persons who predeceased the testator were never 'beneficiaries' and their children cannot take under the substitution clause. Draft wills are admissible as evidence of surrounding circumstances for the purposes of will construction, provided the draft was approved by the testator or the testator caused it to be prepared in particular terms.
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