Page:United States Statutes at Large Volume 47 Part 1.djvu/1199

 72d CONG RESS. SESS. II. CH. 128. F EBRUA RY 27, 1933 . 1175 SEC. 37 3. WHEN CAN NOT BE DIVESTED .-A testamentary disposition, can not be di- when vested, can not be divested unless upon the occurrence of the precise contingency prescribed by the testator for that purpose. Ceoss REFEe c B Bequest to a class, see section 369. SEC. 374. DEATH OF A LEGATEE.-If a legatee dies during the life- Death of legatee. time of the testator, the testamentary disposition to him fails, unie5t, Ante, p. 1172. an intention appears to substitute some other in his place, except as provided in section 348. SEC. 375 . INTERESTS IN REMAINDER ARE NOT AFFEC TED .-The death Interests in remain. of a legatee of a limited interest before the testator's death does not der not affected . defeat the interests of persons in remainder, who survive the testator. SEC. 376 . CONDITIONAL BEQUESTS .-A conditional disposition is one ,Conditionaibegnest . which depends upon the occurrence of so me uncertain event, by which it is either t o take effect or be defeated. CROSS REFERENCES Conditions of ownership, see section 217 et seq. Attte, p.1155. Condi tional obligati ons, see sections 430 to 43 8. Post, p. 118 3. SEC. .377 ' .C,oND ITSON TSECE DENT, WHAT .--. A con dition prece dent iii Con dition prece dent . a will is one which is required to be fulfilled before .a particular
 * disposition takes effect.

Guess EsERnscs Conditions precedent, what are, see sections 21 .8 iud 432. Sm 378. EFFECT ov CONDITION PEECEDE .Where a tente entar v disposition is made upon a condition precedent, nothing i'ests ;until the condition is tilt Ued, except where such fulfillment is impossible, in which case the disposition vests, unless the cond ition was the s ole motive thereof, and the impossibility was unknown to the testator, or arose from an unavoidable event subsequent to the execution of the w ill. SEC. 379. CONDITIONS PRECEDENT , WHEN D EEMED PER FO$~IEn. -A Pari om oa ne„ condition precedent in a will is to be deemed performed when the testator's intention has been substantially, ough not literally, complied with. SEC. 380. CoNDrriows SUES1 QcEI'tT, w}JAT.-A condition subsequent gonditior, subs is where an estate or interest is so given as to vest immediately, sub- ject only to be divested by some subsequent act or event. CRO SS R .EeurEscE Conditi ons subseque nt, se e sec tions' 21 8 and 434. At+te, p. 1155; post, p. 1183. SEC. 381. LEGATEES TAKE AS TENANTS IN COMMON.-A legacy given ants Legatees takewmmonas ten - to more than one person vests in them as owners in common. SEC. 382. ADVANCEMENTS, WHEN ADEMPTIONS .-Advancements or aim„an bent, when gifts are not to be t a k e n a s a :~uiptions of general legacies, unless p such intention is expressed by the testator in writing. CROSS REFERENCE Advancement in cases of intestacy, see sections 411 to 415. Post, p. 1180. SEC. 383 . CONSTRUCTION OF PRIOR WILLS NOT API i.CTED .-The pro - visions of this chapter do not a ffect the cons truct ion of any will executed before it takes effect. i