Morley v. Calhoun
Cuyahoga Circuit Court
Appeal from Cuyahoga common pleas court. Courts are adverse to construing conditions to be precedent where they may defeat the vesting of an estate by a will. Stickney, In re, 85 Md. 79 [36 Atl. Rep. 654; 35 L. R. A. 693; 60 Am.. St. Rep. 308]; Martin v. Balloii, 13 Barb. 119; Lewis v. Henry, 69 Va.
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Appeal from Cuyahoga common pleas court. Courts are adverse to construing conditions to be precedent where they may defeat the vesting of an estate by a will. Stickney, In re, 85 Md. 79 [36 Atl. Rep. 654; 35 L. R. A. 693; 60 Am.. St. Rep. 308]; Martin v. Balloii, 13 Barb. 119; Lewis v. Henry, 69 Va. (28 Gratt.) 192. If a bequest is upon a condition subsequent the impossibility of the performance of the condition without fault on the part of the legatee discharges such condition and the bequest becomes absolute. Bryant v. Dungan, 92 Ky. 627 [18 S. W. Rep. 636; 36 Am. St. Rep. 618]; Culin’s…
1Opinion of the CourtWinch, J.
On January 21, 1898, Harriet M. Talbot made her will, the fourteenth item of which reads as follows:
“I give and bequeath to my brother, Thomas M. Morley, one black walnut bedroom set with mattress and pillows going with the same, and in case he shall pay to me or my estate the amount of a note which I hold against him, I give and bequeath to him the sum of $2,000, the same as to my other brothers, but in case said note shall not be paid either to me or my estate, then the bequest to him, of said bedroom set, is to be all he or his heirs are to receive from my estate, as the amount he now owes…
2Cases cited3 opinions
- Burdis v. BurdisSupreme Court of Virginia · 1898
- Marriner v. John L. Roper Co.Supreme Court of North Carolina · 1893
- Nunnery v. . CarterSupreme Court of North Carolina · 1860