In re Stickney's Will

Citations

• 85 Md. 79
• 36 A. 654
• 1897 Md. LEXIS 27

Syllabus

<p>Devise and Legacy — Perpetuities—Vesting of Bequest — Conditions Precedent and Subsequent — Residuary Clause — Charitable and Religious Uses — Bequest to Foreign Religious Corporation of More Than it is Authorized by Charter to Hold — Right of Heirs at Law to Attack the Bequest.</p> <p>A testator devised the residue of his estate to a religious corporation, and required “asa condition of the vesting of this legacy ” that the legatee should release certain claims against three churches in Baltimore. It was contended that the condition relating to the vesting of the legacy was precedent, and that since it must not necessarily be performed within a life or lives in being and twenty-one years thereafter, it was void under the rule against perpetuities. Held, that the releases by the residuary legatee to the churches could be executed at the time, before or after the vesting of the legacy; that it was not the intention of the testator that the releases should be executed before the vesting of the legacy; that the acceptance of the bequest would ipso facto work an equitable release; that the form of the bequest showed that it was the intention of the testator that the residuary legatee should take at once, the execution of the releases being a condition subsequent, and that consequently the residuary clause did not violate the rule against perpetuities.</p> <p>The question whether certain words create a condition precedent or a condition subsequent is generally one of intention, especially when the condition is annexed to a devise or bequest.</p> <p>If the thing required to be done by a legatee may be done as well after as before the vesting of the estate, the condition is generally subsequent, and the doing of it is not a condition of the vesting of the estate such as to create a perpetuity.</p> <p>Courts are averse to construing conditions to be precedent when by so doing the vesting of an estate under a will would be defeated.</p> <p>The amount of the bequest in thi