Wenner v. George

Citations

• 129 Va. 615
• 106 S.E. 365
• 1921 Va. LEXIS 120

Syllabus

<p>1. Conditions&emdash;Whether Conditions are Precedent or Subsequent.&emdash; There are no technical words to distinguish between conditions precedent and conditions subsequent. The distinction is matter of construction. The same words may indifferently make either, according to the intent of the person who creates the condition. If the language of the particular clause, or of the whole will, shows that the act on which the estate depends must be performed before the estate can vest, the condition is precedent, and, unless it be performed, the devisee can take nothing. If, -on the contrary, the act does not necessarily precede the vesting of the estate, but may accompany or follow it, and this can be collected from the whole will, the condition is subsequent.</p> <p>2. W|lls.&emdash;Conditions&emdash;Prevision in Will that Devisee Shall Pay His Sister a Certain Sum, of Money&emdash;Liability of Remainder-men.&emdash;A testator devised certain lands to his son, with remainder to his son’s heirs at law, provided that the son paid his sister $4,000 within ten years, interest to be paid by the son on any part of the $4,000 that remained unpaid at the expiration of five years from the probating of the will, and further provided that any legatee in his will signifying his intention not to abide by its provisions should forfeit his interest under the-will. The conduct of the parties clearly showed that they accepted all of the benefits conferred by the will.</p> <p>Held: That the testator intended that his son should personally pay the $4,000 legacy, and that the interest of the remaindermen was not charged with any part thereof, but the life estate of the son was an auxiliary security for the legacy, and charged therewith as the only property indicated by the testator for its payment.</p>