WILLS-LEGACY ON CONDITION PRECEDENT IMPOSSIBLE DUE TO OPERATION OF LAW

Authors

Abstract

Action was brought to determine the rights of a legatee under a will executed in 1928 creating a trust fund for the legatee, son, upon the condition that he pursue successfully a suit instituted by the testator in Chancery in 1922 to establish his claim as a tenant in fee tail to a certain piece of property. The Law of Property Act, passed in 1925, precluded. the right to such suit, thus rendering the condition impossible prior to its creation. Held, where a testator makes a gift of personalty subject to a condition precedent, the fulfillment of which is rendered impossible by operation of law before the date of the will, the condition is void and the gift remains. In re Thomas's Will Trusts. Powell v. Thomas, [1930] 2 Ch.67.

Recommended Citation

WILLS-LEGACY ON CONDITION PRECEDENT IMPOSSIBLE DUE TO OPERATION OF LAW, 29 Mich. L. Rev. 652 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss5/41