 | Henry Dutton - 1833 - 602 pages
...the language of the particular clause or of the whole will, shows that the act on which the estate depends, must be performed before the estate can vest,...accompany or follow it, if this is to be collected from the whole will, the condition is subsequent." Finlay v. King's Lessee, 3 Pet. 374. The rule would... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 890 pages
...be performed before it can vest, the condition is precedent. If, on the contrary, the act does not precede the vesting of the estate, but may accompany or follow it, the condition is subsequent. Finlay et al. v. King's Lessee, 3 Pet. 374.g' So, where there was a bequest... | |
 | Asa Kinne - 1852 - 736 pages
...the language of the particular clause, or of the whole will, shows that the act upon which the estate depends must be performed before the estate can vest, the condition is precedent ; and unless it is performed the devisee can take nothing. If, on the contrary, the act does... | |
 | Georgia. Supreme Court - 1858 - 718 pages
...the language of the particular clause or of the whole will shows, that the act on. which the estate depends, must be performed before the estate can vest,...course precedent ; and unless it be performed, the legatee can take nothing. If on the contrary, the act does not necessarily precede the vesting of the... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 pages
...parties. Underbill v. The Saratoga, and Washington Rail Road Co. 455 2. If the act or condition required does not necessarily precede the vesting of the estate, but may accompany' or follow it, and if the act may bo as well done after as before the vesting of the estate, or if from the nature... | |
 | Richard Peters - 1860 - 836 pages
...must be performed before the estate can vest, the condition of course is precedent, and unless it is performed the devisee can take nothing. If, on the...accompany or follow it; if this is to be collected from the whole will, the condition ia subsequent. IM. 374. 24. It is a general rule, that a devise... | |
 | Illinois. Supreme Court - 1915 - 734 pages
...which the estate depends must be performed before the estate vests the condition is precedent, but if, on the contrary, the act does not necessarily...vesting of the estate but may accompany or follow it the condition is subsequent. 3. SAME — when court may look to the circumstances. If it is doubtful... | |
 | Emory Washburn - 1864 - 776 pages
...question. In the case cited below, the court state as a rule, that " if the act or condition required do not necessarily precede the vesting of the estate, but may accompany or follow it, and if the act may as well be done after as before the vesting of the estate ; or if from the nature... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 540 pages
...of the particular clause, or of the whole [ * 375 ] will, * shows that the act on which the estate depends must be performed before the estate can vest,...the contrary, the act does not necessarily precede t hevesting of the estate, but may accompany or follow it, if this is to be collected from the whole... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1920 - 648 pages
...the language of the particular clause, or of the whole will, show that the act on which the estate depends MUST be performed before the estate CAN vest,...ACCOMPANY or FOLLOW IT, if this is to be collected from the whole will, the condition is subsequent." (Capitals mine.) With this rule of construction... | |
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If the language of the particular clause or of the whole will shows that the act on which the estate depends must be performed before the estate can vest, the condition is, of course, precedent, and unless it be performed, the devisee can take nothing. 
