estate on my said farm at the time of my death, to be used and enjoyed by her as long as she shall remain my widow. In case of her marriage such property shall pass to my daughter Caroline accordingly." The rule applicable in this case is that a devise or bequest to a widow for life, if she shall not marry, and, if she shall marry, then over to another person, vests the remainder in the latter, if she dies unmarried.

Thus, the wife received a life estate terminable upon her marrying again and in the event of her remarriage or death the daughter to receive a life estate and her children a vested remainder in fee20; so where a bequest reads as follows: Fourth, I give and bequeath to my beloved son. F. S., when he arrives at the age of twenty-one years, $3,000, and $1,000 annually thereafter, until he arrives at the age of twenty-five years, and if at that time he shall have used what he has received, as above stated, in a judicious frugal manner, and not wasted and squandered it (in the opinion of my executors hereunto appointed) he shall then receive $10,000 more; and if, at the age of thirty years, or sooner, if in the opinion of my said executors he shall have managed, and will continue to do so, what he has already received, in a judicious, frugal manner, he shall receive $15,000 more; and if, at the age of thirtyfive years, or sooner, if in the opinion of said executors, he shall have, and will still continue to use what he has received, as before stated, in a frugal, economical and judicious manner, he shall come into full possession of all my estate, personal and real, not otherwise disposed of by this will, or otherwise.

20. Haab V. Schneeberger, 147 Mich. 583, 111 N. W. 185;

But if, after having received $10,000 at the age of twenty-five years, he shall have squandered and wasted what he has already received, or in the opinion of said executors he will waste and squander what he received, he shall thereafter receive but $1,000 annually, and all my estate, real and personal, not otherwise disposed of, shall go to the legal issue or children of my beloved son, F. S.; but, in case he dies without said said issue or children, then, in that case, it shall go to my legal heirs and representatives equally, according to law, except my beloved sister, R. C., and her heirs, who shall receive only five dollars." This devise is based upon certain contingencies which if they happen may pass the estate from the son to others21.

§185. Construction of Vested and Contingent Estates.

It is the policy of the statute to favor vested rather than contingent estates unless a contrary intention is manifest22, and the general rule is that a will becomes operative at the death of the testator, from which time the estates vest23.

Curtis v. Fowler, 66 Mich. 696, 33 N. W. 804.

21. Perrin V. Lepper, 72 Mich. 454, 40 N. W. 859. See Fitzhugh v. Townsend, 59 Mich. 427, 27 N. W. 561; Plant V.

Weeks, 39 Mich. 117.

22. Toms V. Williams, 41 Mich. 552, 2 N. W. 814.

V.

23. Union Mut. Ass'n Montgomery, 70 Mich. 587, 38 N. W. 588.

CHAPTER XII.

CONDITIONS AND RESTRICTIONS.

$186. Conditions.

$187. Condition Regarding Marriage.

$188. Condition Forfeited.

$189. Conditions Relating to Support.

$190. Conditions as to Reformation Valid.

$191. Conditions of Restraint or Alienation. $192. Construction of Conditions.

§186. Conditions.

It is not infrequent to find in a will an estate devised upon condition. When such is the case, it becomes important that the exact nature and effect of the condition is ascertained. Conditions are either precedent or subsequent. The rule of law is certainly well established that there are no technical appropriate words which always determine whether a devise be on a condition precedent or subsequent. The same words have been determined differently, and the question is always a question of intention. If the language of the particular clause or of the whole will shows that the act on which the estate depends must be performed before the estate can vest, the condition is, of course, precedent, and, unless it be performed the devisee can take nothing. If, on the contrary, the act does not necessarily precede the vesting of the estate, but may accompany or follow it-if this is to be collected from the whole

will-the condition is subsequent1. A valid condition precedent obtains where a legacy is made payable to the legatee two years from the date of the death of the testator upon the condition that the legatee, in the judgment of the executors, shall be deemed a reformed man2. A valid condition subsequent obtains where in a will the provision for the son dying without issue means his dying without issue after it had been determined by the executors as provided by the will, that the conduct and promise of the son are unsatisfactory3. Where a condition precedent was not complied with, the estate never vested1, and in the event of a condition precedent in a devise being void, the devisee takes an estate clear of conditions". The general rule is that an estate granted upon a condition subsequent which becomes impossible can never be divested.

§187. Condition Regarding Marriage.

The general rule is that where a testator gives to a woman a life interest if she so long remains unmarried, and then directs that in the event of her marrying, the property shall go over to another, although according to the strict language, the gift over is expressed only to take effect in the event of the marriage of the tenant for life, the gift over

1. De Conick v. De Conick, 154 Mich. 187; Markham v. Hufford, 123 Mich. 508, 48 L. R. A. 580, 81 Am. St. Rep. 222, 82 N. W. 222. The statement of this rule is in the word of Chief Justice Marshall in the case of Finley v. King's Lessee, 3 Pet. (U. S.) 340.

2. Markham v. Hufford, 123 Mich. 505, 48 L. R. A. 580, 81 Am. St. Rep. 222, 82 N. W.

is held to take effect, even though the tenant for life does not marry. Thus, an estate for life is conveyed on condition, where a devise of the rents, profits, and income during the widow's life, or so long as she should remain a widow is made, but where annexed to a devise in condition that a married woman shall not live with her husband, the condition is void as being against public policy8.

$188. Condition Forfeited.

Where a testator devised his property to his wife for life, and bequeathed to a nephew who lived with him a legacy of $700 upon the condition that "if the said nephew shall continue to live with my family and on my estate, until he shall arrive at the age of 21 years, and labor as faithfully as he has labored for me," and where before the nephew became of age he left the family of his aunt and worked on another farm for wages, although he was warned that he would forfeit his legacy, it was decided that the legacy was thereby forfeited", owing partly to the long delay in the nephew asserting his claim.

§189. Conditions Relating to Support.

It is perfectly in accord with the policy of the law that a devise resting upon a condition that the devisee shall support a person named is legal and proper1o.

§190. Conditions as to Reformation Valid.

Where a condition is inserted in a devise that the devisee

7. Mandlebaum V. McDonell, 29 Mich. 78, 18 Am. Rep. 61. 8. Conrad v. Long, 33 Mich.

78.

9. Pearl V. Lockwood, 123 Mich. 142, 81 N. W. 1087.

10.

Pearl v. Lockwood, 123