Lambden v. West

Citations

• 7 Del. Ch. 266

Syllabus

<p>Wills — construction of; Bights of beneficiaries fixed at time of testator’s decease, and not altered by subsequent acts; Conditions precedent and subsequent in; Bequest of profits rising from a contract, defeated by abandonment of contract after testator’s decease.</p> <p>1. The conditions which existed at the time of the testator’s death must be regarded as existing now, as the status of the parties under the will was fixed at the moment of his decease.</p> <p>2. The testator, prior to his decease, entered into a contract with certain persons, by which the latter were to go upon his land and cut and saw the timber thereon, and to receive a compensation part in money and part in wood. The contract was in process of performance when the testator made his will in which he devised the land in fee to M. J. W. “ Provided, however, that all the timber on the aforesaid land shall be worked as per contract now existing, and the rising issues therefrom shall be paid into my estate and be equally divided among my lawful heirs.” Shortly after testator’s decease, the contract was abandoned by the contractees, who were totally insolvent. Held, that M. J. W., .by the abandonment, was entitled, under the devise of the fee in the land, to all the timber as well.</p>