Drace v. Klinedinst

Citations

• 275 Pa. 266
• 118 A. 907
• 25 A.L.R. 1520
• 1922 Pa. LEXIS 492

Syllabus

<p>Wills — Devise—Restriction on alienation — Particular religion— Conditions — Limitations—Freedom of conscience — Constitutional law.</p> <p>1. The policy of the law is to keep the alienation of land free from embarrassing impediments, and it endeavors to strip devises and grants of restrictive conditions.</p> <p>2. If the language of the condition is not clear, or is hostile to a state policy in any form, it is not given effect.</p> <p>3. Conditions subsequent are always strictly construed when the happening of the event closes on otherwise absolute fee estates.</p> <p>4. Where there is no limitation over or reverter mentioned, leaving succession to doubtful claimants, the grant or devise is absolute; and this is especially true where the land is devised to, and held by, lineal descendants, whose right under the will, will be defeated by a contrary construction.</p> <p>5. The law invokes the aid of laches against an attempted enforcement of forfeiture for condition broken, and permits none but heirs of the donor or original grantor to exercise a right of entry.</p> <p>6. It is the law of Pennsylvania through the Constitution of the United States and the Bill of Rights, section III of the Constitution of the State, that no human authority can in any case whatever control or interfere with the rights of conscience.</p> <p>7. A provision in a will devising a life estate in land to testator’s son and after his death to his son’s children provided they remained faithful to a particular religion, violates the settled policy of the State against restrictions on rights of conscience, and is void.</p> <p>8. In such case where it appears that testator further directs that if any of the son’s children forsook the religion named, the remaining children who remained true to it should take and it appears that all of the children sometime after their father’s death, and twenty years after the testator’s death abandoned the religion, the devise is not forfeited because (1) the c