问题 单项选择题

鳏夫甲有两个儿子乙和丙,乙有两个女儿丁和戊,甲生前有20万元的存款,他在70岁大寿那天,起草了一份遗嘱,表示在其死亡后,其遗产由乙和丙各得10万。没过多久,乙得了一场大病,在弥留之际,他也写了一份遗嘱,表示将来他得到的10万元,给丁3万,给戊7万,随后乙就去世了。甲很悲痛,加上年岁已高,不久,他也去世了。根据我国继承法的相关规定,请问丁和戊各能分得多少遗产( )

A.丁能分得遗产3万元,戊能分得遗产7万元

B.丁和戊各能分得遗产5万元

C.丁和戊各能分得遗产2.5万元

D.丁和戊各能分得遗产3.33万元

答案

参考答案:C

解析:[考点] 遗嘱继承、法定继承、代位继承[详解] 根据《继承法》第27条规定,遗嘱继承人先于遗嘱人死亡的,遗产中的有关部分按照法定继承办理。本案中,由于遗嘱继承人乙先于甲死亡,故在甲的遗嘱中,所涉留给乙的继承部分无效,应按法定继承办理,也即在甲的20万元的遗产中,10万元发生遗嘱继承由丙取得,另外10万元发生法定继承,由甲的第一顺序继承人乙和丙继承。在法定继承中,被继承人的子女先于被继承人死亡的,适用代位继承,即由被继承人的子女的晚辈直系血亲代位继承。代位继承人一般只能继承他的父亲或者母亲有权继承的遗产份额。故丁和戊可以代位继承甲的遗产,但只能继承乙有权继承的遗产份额5万元,也即每人 2.5万元。另需说明的是,遗产是公民死亡时遗留的个人合法财产,乙在遗嘱中处分的“将来得到的10万元”,并不存在也未能得到,故无效。

阅读理解

阅读理解。

    One day, a farmer took a bag of wheat to town. He didn't know what to do when the bag fell off his

horse. The bag was too heavy for him to lift. He hoped that someone would come and help him.

     Before long a man came over. But the farmer's heart sank when he saw the man, because he was the

famous judge in town. The farmer was afraid to ask him for help.

     As soon as he came up to the farmer, the judge got off his horse and said, "You need my help, don't

you? Let me help you." Then he took one end of the bag, The farmer took the other. They lifted the bag

of wheat onto the horse.

     "Sir," asked the farmer, "how can I pay you?" 

      "Well," the judge replied, "if you see anyone in need of help, do the same for him."

1. The farmer did not know what to do because            . [ ]

A. his horse fell down

B. his bag was very heavy

C. he could not lift the bag himself

D. his horse ran away

2. The farmer dared not ask             for help. [ ]

A. someone

B. the famous judge

C. one of his friends

D. the other farmer

3. When he saw what had happened, the judge            . [ ]

A. asked the farmer to get on the horse

B. helped the farmer lift the bag onto the horse

C. refused to help the farmer

D. got off his horse

4. "If you see anyone in need of help, do the same for him." means "If anyone           ." [ ]

A. helps you, do the same for him

B. needs help, help him

C. is in need of help, tell him the same

D. helps you, help him

5. The best title of this story is            . [ ]

A. Bag of Wheat

B. Heavy Bag

C. Do the Same for Him

D. The Farmer

单项选择题 A1/A2型题