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280 HIGH COURT OF CHANCERY. EARLE AND McNIER vS. JULY TERM, 1849. DAWES ET AL. [ILLEGITIMATE CHILDREN—CONSTRUCTION W DEEDS—CONDITION PRECEDENT.] A WOMAN died intestate, leaving an illegitimate son and other children born in lawful wedlock. Held, that by the Act of 1826, ch. 158, the illegitimate son was entitled to share equally with the other children in the mother's estate. A deed recited that the grantor was anxious to secure to the grantee his undivided interest in certain land, •upon condition that he was to retain the use and enjoyment of it during his life, and in consideration of these premises, and of natural love and affection, conveyed the property to the grantee upon condition that the grantor died before the grantee, and not otherwise, with habendum to the grantee and her heirs, subject to the con- dition aforesaid. The grantor survived the grantee. HELD—that this was clearly a condition precedent, and not being fulfilled, nothing passed by the deed. Whether a condition be precedent or subsequent is always a question of intent, and it is immaterial where the clause creating the condition be placed in the deed. Conditions precedent must be punctually and literally performed before the estate can vest. A Court of Equity will never vest an estate where, by reason of a condition precedent, it will not vest at law. [The facts of the case necessary for an understanding of the Chancellor's opinion are sufficiently set out therein.] THE CHANCELLOR: This case, which is submitted upon arguments, in writing, of the solicitors of the parties, presents two questions. The first depends upon the construction of the Act of 1825, ch. 156, relating to illegitimate children. It appears that the defendant, B. M. Dawes, sonof Mrs. Dawes, is an illegitimate child, and that his mother, Elizabeth Dawes, died intestate, leaving this son and other children born in lawful wedlock, and the question now raised is, whether this illegitimate son is entitled to participate in the estate of his mother as co-heir with the other children. |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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