Lawgist136Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over
Where a bequest is made with a condition super-added that, unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act.
Illustrations
(i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy.
(ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and thereby indefinitely postpones the fulfilment of the conditions. The bequest ceases to have effect.
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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
