If a condition attached to a testamentary gift is capable of being construed either as a condition precedent or a condition subsequent, the court will prefer the latter construction. Here, the beneficiary died before he was required to comply with the condition and was therefore excused from performance by the act of God.
Citations:
[1903] 1 Ch 749, [1900-3] All ER 332
Jurisdiction:
England and Wales
Wills and Probate
Updated: 13 July 2022; Ref: scu.639674