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
