ESTATE OF J. B. WHITE.
No. 8315--March 6, 1878.
WILL, CONDITIONAL, TO BE VALID IN CASE OF DEATH ON A PARTICULAR VOYAGE, A NULLITY ON RETURNING THEREFROM.
A will which recites projected voyage and in case of death while performing the journey, makes certain disposition of property, becomes a
nullity on the safe return of testator.
Construing section, C. C., 1281.
Sol. A. Sharp, for administrator.
P. B. Ladd, for proponent.
A paper was offered for probate, reading as follows:
I am about to sail for China and Japan on the 16th inst., and in case of my death while performing the journey I desire the following disposition of my estate to be made, &c., &c.
Deceased returned from the voyage
indicated in the paper, and (being in the employ of a steamship company) made
other voyages. He died on board his ship
By the COURT: The will was conditional, (1 Redf. On Wills, 177-9, ed. Of 1869,) and was made of no effect by the return of the deceased from the voyage indicated. Probate of the will must therefore be denied.
Transcribed by Pat Seabolt.
© 2007 Pat Seabolt.