616. Effect of annulment on forfeitures.

616.     Effect of annulment on forfeitures.

In the case of a gift by will or settlement of rent or other income to a donee defeasible on its becoming payable to some other person, the forfeiture takes effect, notwithstanding annulment of a bankruptcy order, if before the annulment it becomes the duty of the trustees of the will or settlement to make a payment which, but for the forfeiture clause, the trustee in bankruptcy of the donee would be entitled to receive1. In such a case the trustee need not have actually claimed the income2. If, however, the