Hawkins v. Hansen

Citations

• 92 Kan. 740
• 142 P. 280
• 1914 Kan. LEXIS 317

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Wills — ■“Conditions Precedent” — “Conditions Subsequent”— Depend upon Intent of Testator. There are no technical words to distinguish between conditions precedent and conditions subsequent; whether they are one or the other depends upon the intent of the person creating the condition. If the thing to be done does not necessarily precede the vesting of the estate in the grantee, but may accompany or follow it, and may as well be done after as before the vesting of the estate, the condition is subsequent.</p> <p>2. Same — Following Clause Creates a Condition Subsequent. A will contained the following provision:</p> <p>“To Andrew Hansen, my son-in-law, who for some time past has been taking care of myself and wife, I give, will .and bequeath after the death of myself and . . . my wife, all our property herein described. . . . Provided he shall take as he has heretofore taken, good, kind and loving care of us, provided us with all necessaries of every kind and mature during the remainder of our lives.”</p> <p>Held, that the performance of the condition does not necessarily precede the vesting of the estate but may accompany or follow it, and it is therefore a condition subsequent.</p> <p>'3. Same — Substantial Performance of Conditions by Grantee. Upon the facts stated in the opinion, held, there was a substantial performance of the condition, an exact compliance having been prevented by the voluntary act of the person for whose benefit the condition was imposed.</p>