Condition Precedent: Definition; Construction; Operation

A condition precedent in a will is one which is required to be fulfilled before a particular disposition takes effect. It is to be deemed performed when the testator's intention has been substantially, though not COL120106 CH. 6 INTERPRETATION OF WILLS literally, complied with. Nothing vests until such condition is fulfilled, except where fulfillment is impossible, in which case the disposition vests, unless the condition was the sole motive for the disposition and the impossibility was unknown to the testator or arose from an unavoidable event subsequent to the execution of the will.