Hilton v. Sheeman

(After stating the foregoing facts.) We do not think that the construction put upon item 4 by the judge below is the right construction of this provision of this will. He treats *628the estate created thereby as one upon a condition precedent, which was defeated by lack of performance of this condition by the wife in her lifetime and the impossibility of its performance since her death. The mistake springs from treating the estate as one upon condition. Such an estate is one granted upon a condition, .expressed or implied, upon performance or breach of which the estate either commences, is…