McKinley v. Martin

Citations

• 226 Pa. 550
• 75 A. 734
• 1910 Pa. LEXIS 817

Syllabus

<p>Wills — Construction—Vested and contingent interest — Condition subsequent.</p> <p>1., Wills should be construed to speak and take effect as if executed immediately before the death of the testator, unless a contrary intent shall appear.</p> <p>2. A construction is to be favored which vests an absolute estate rather than a contingent or defeasible one. The law regards with disfavor conditions subsequently divesting a vested estate.</p> <p>3. Testator after giving his real estate to his wife for life gave a particular house to a son, but provided that “if he is living or societing with his divorced wife he shall never inherit that property.” This was followed by a gift over. It appeared that the son had lived with Ids divorced wife at times between the testator’s death and the termination of the life estate, but there was no proof that they had lived together between the date of the will and the testator’s death. Held, that the condition created by the will was a condition precedent, that the estate vested in the son absolutely when the-will went into effect, and was not defeated by his subsequent conduct.</p>