Morley v. Calhoun

Citations

• 18 Ohio C.C. Dec. 163
• 7 Ohio C.C. (n.s.) 285

Syllabus

<p>WILLS.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>Pessmamt will Vest in Devisee nr Condition Peecedent Made Impossible--bt Testator before Death.</p> <p>It is the rule of the common law that an estate by devise will fail, if a. condition precedent becomes impossible of performance even through, the act of the testator, and without the fault or laches of the devisee; but this harsh rule of law has been modified as to personalty so that this class of property will vest in the devisee upon the death of the testator, unless it appear that the performance of the condition precedent was the controlling motive for the making of the bequest.</p> <p>[Syllabus approved by the court.]</p>