Sherill v. Sherill

On the undisputed evidence in this case we think and hold that complainants were (entitled to the relief prayed.

The estate granted by Mary J. Swinney and her children to the respondents S. O. and M. A. Sherill, though a vested estate, was expressly subjected to forfeiture in ease the grantees should “fail to carry out any part” of the obligation undertaken by them, viz. the support and care of Mrs. Swinney during the remainder of her life. The estate was therefore one upon condition subsequent.

Such an estate is not divested from the grantee merely by the grantee’s breach of the condition, but…