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Estate of White

1 Myrick 157 Court S.F. Prob. Ct. Decision date 1878-03-06 Docket No. 8315 English

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p. 157
ESTATE OF J. B. WHITE.
No. 8315
March 6, 1878.

Headnote

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:

“San Feancisco, November 13, 1876.
“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 in the harbor of San Francisco.

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.