134Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
A bequest may be made with the condition super-added that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen.
Illustrations
(i) An estate is bequeathed to A for his life, with a proviso that, in case he shall cut down a certain wood, the bequest shall cease to have any effect. A cuts down the wood. He loses his life-interest in the estate.
(ii) An estate is bequeathed to A, provided that, if he marries under the age of 25 without the consent of the executors named in the will, the estate shall cease to belong to him. A marries under 25 without the consent of the executors. The estate ceases to belong to him.
(iii) An estate is bequeathed to A, provided that, if he shall not go to England within three years after the testator's death, his interest in the estate shall cease. A does not go to England within the time prescribed. His interest in the estate ceases.
(iv) An estate is bequeathed to A, with a proviso that, if she becomes a nun, she shall cease to have any interest in the estate. A becomes a nun. She loses her interest under the will.
(v) A fund is bequeathed to A for life, and, after his death, to B, if B shall be then living, with a proviso that, if B shall become a nun, the bequest to her shall cease to have any effect. B becomes a nun in the lifetime of A. She thereby loses her contingent interest in the fund.
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- 126 Bequest upon impossible condition
- 127 Bequest upon illegal or immoral condition
- 128 Fulfilment of condition precedent to vesting of legacy
- 129 Bequest to A and on failure of prior bequest to B
- 130 When second bequest not to take effect on failure of first
- 131 Bequest over, conditional upon happening or not happening of specified uncertain event
- 132 Condition must be strictly fulfilled
- 133 Original bequest not affected by invalidity of second
- 134 Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
- 135 Such condition must not be invalid under section 120
- 136 Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over
- 137 Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud