dition that the devisee shall comply with what is enjoined upon him in the will, renders him prima facie under obligation to do what may be imposed upon him in any codicil thereto. It has been said that when a legatee or devisee has once accepted a conditional bequest, he can not afterward relinquish it and refuse to perform the condition, although he made the election without waiting to ascertain whether it was to his advantage to do so.68 Charges upon legacies and devises for the support of the testator's children and widow, or other persons, are valid as a matter of course." However, the legatee is not bound to elect whether to accept the bequest or no, until he has had full opportunity to know its burdens;70 for the acceptance of a gift conditioned upon the payment of debts, annuities, or the like, imposes a personal liability upon the legatee, without an express promise on his part, upon which an action at law may be maintained. By accepting a devise conditioned upon maintaining a person during the continuance of the estate, the devisee becomes bound to perform the condition whether the income thereof is sufficient to support the person or not.72 71 (N. Y.) 383. See, also, King v. Gridley, 46 Conn. 555. 69 Marwick v. Andrews, 25 Me. 525; Beekman V. Hudson, 20 Wend. (N. Y.) 53; Crandall v. Hoysradt, 1 Sand. Ch. (N. Y.) 40. 70 Wheeler v. Lester, 1 Bradf. (N. Y.) 293. 71 Messenger V. Andrews, 4 Russ. 478; Rees v. Engelback, L. R. 12 Eq. 225; Parish v. Whitney, 3 Gray (69 Mass.) 516; Gridley v. Gridley, 24 N. Y. 130. 72 Pickering v. Pickering, 6 N. H. 120; Veazey v. Whitehouse, 10 § 1047. Time Within Which Condition Must Be Performed: Where No Time Specified. There are authorities holding that in the absence of a direction as to time, a beneficiary has his whole life in which to comply with a condition annexed to a gift in his favor.73 It would seem, however, that no general rule can be laid down; in each case such time will be allowed as, in view of the circumstances, seems reasonable and just." Thus, a condition that the devisee shall satisfy a mortgage, in the absence of any time being set by the will, must be complied with in a reasonable time;75 and a devise to a town to build a school-house was forfeited by a failure to build within twenty years.70 § 1048. The Same Subject: Where Will Prescribes Time of Performance. Where the time within which a condition is to be performed has been prescribed by the testator, ignorance of the existence of the condition does not excuse non-performance." If a legacy is conditioned upon being claimed N. H. 409; Smith V. Jewett, 40 N. H. 530. 73 Gulliver v. Ashby, 1 Black. W. 607; Page v. Hayward, 2 Salk. 570; Finlay v. King's Lessee, 3 Peters (U. S.) 346, 7 L. Ed. 701, dictum, per Marshall, C. J.; Page v. Whidden, 59 N. H. 507. See, also, Davies v. Lowndes, 2 Scott 71; Bennett v. Bennett, 2 Drew. & S. 266, 275. 74 Drew v. Wakefield, 54 Me. 291; Carter v. Carter, 14 Pick. (31 Mass.) 424; Tilden v. Tilden, 13 Gray (79 Mass.) 103, 109; Ward v. Patterson, 46 Pa. St. 372. A condition for repairing the tes tator's tomb imposes no obligations until the bequest vests in possession. - Elliot v. Elliot, 10 Allen (92 Mass.) 357; and see, also, Johnson v. Foulds, L. R. 5 Eq. 268. A condition to keep a house in repair includes rebuilding within a reasonable time after a fire.Tilden v. Tilden, 13 Gray (79 Mass.) 103. 75 Ross v. Tremain, 2 Metc. (43 Mass.) 495; Carter v. Carter, 14 Pick. (79 Mass.) 424. 76 Hayden v. Stoughton, 5 Pick. (22 Mass.) 528. 77 In re Hodges' Legacy, L. R. within a specified time, it will fail if not so claimed, although the legatee be ignorant of the bequest and of the death of the testator.78 Where the condition requires performance of an act within a certain time, the general rule is that the day of the testator's death is not reckoned.79 "When time is computed from an act done, the general rule is to include the day; when it is computed from the day of the act done, the day is excluded.'' 80 Forfeiture, however, does not necessarily follow, unless there is a gift over upon non-performance of the condition. If there be no gift over, the act, although made precedent by the will, may sometimes be performed after the time has expired, if a proper reason appear for the failure to comply with the condition within the designated time;81 provided no intervening equities have arisen.82 And failure to perform a condition subsequent does not defeat the estate until entry by the devisee to whom it 81 16 Eq. 92; Powell v. Rawle, L. R. 18 Eq. 243; Astley v. Essex, L. R. 18 Eq. 290; Burgess v. Robinson, 3 Mer. 7; Stover's Appeal, 77 Pa. St. 282. 78 Powell v. Rawle, 22 Week. R. 629; s. c., L. R. 18 Eq. 243; Burgess v. Robinson, 3 Mer. 7; Davis v. Angel, 10 Week. R. 722; Stedman v. Dunster, L. R. 34 Ch. 742; In re Duffy's Estate, 4 Pa. D. C. Rep. 147, 36 Week. N. C. 199. A devise to one "when he returns" is conditional, and the heir is entitled to hold until the return of the devisee.-Denn v. Little, 1 N. J. L. 152. 79 Gorst v. Lowndes, 11 Sim. 434. II Com. on Wills-41 80 Perry v. Provident Life Ins. & Inv. Co., 99 Mass. 162. 81 Hollinrake v. Lister, 1 Russ. 82 Pyle v. Price, 6 Ves. Jun. 779; has been limited over in that event,83 or by the heir, if there be no limitation over. Equity, however, will relieve against failure to pay a legacy charged upon a devisee upon tender of the legacy with interest.85 § 1049. Conditions as to Occupation, Study and Habits. A valid condition may be annexed to testamentary dispositions requirings beneficiary to engage in a certain occupation or carry on a certain business.87 An attempt to carry on the specified business, but being prevented without reason from doing so by those in control, is a sufficient performance;ss but disposing of the business to a corporation, although becoming a director therein, is a breach of condition.89 A testamentary gift may be upon the valid condition. that the beneficiary devote and perfect himself in a certain line of study, such as fitting himself to enter college.90 If the conditions annexed are subsequent and impossible of fulfillment, as where a student for the ministry can not follow the course of study referred to in the will but must be guided by his superiors, the condition will be disregarded.91 83 Webster v. Cooper, 14 How. (U. S.) 488, 14 L. Ed. 510. 84 Davis v. Gray, 16 Wall. (U. S.) 230, 21 L. Ed. 447; Sexton v. Chicago Storage Co., 129 Ill. 318, 332, 16 Am. St. Rep. 274, 21 N. E. 920; Thorp v. Johnson, 3 Ind. 343; Thompson v. Thompson, 9 Ind. 323, 68 Am. Dec. 638; Wellons v. Jordan, 83 N. C. 371. 85 Walker v. Wheeler, 2 Conn. 299. 86 Seeley v. Hincks, 65 Conn. 1, 31 Atl. 533; Colby v. Dean, 70 N. H. 591, 49 Atl. 574; Webster v. Morris, 66 Wis. 366, 57 Am. Rep. 278, 28 N. W. 353. 87 Seeley v. Hincks, 65 Conn. 1, 31 Atl. 533. 88 Seeley v. Hincks, 65 Conn. 1, 31 Atl. 533. 89 Barned v. Sax, 41 Week. R. 584. 90 Shepard v. Shepard, 57 Conn. 24, 17 Atl. 173; Baker v. Red, 4 Dana (34 Ky.) 158. 91 Field V. Drew Theol. Sem., 41 Fed. 371. Conditions are valid which require reformation and the leading of a moral life,92 or ceasing the use of liquor and tobacco.93 A condition that a beneficiary give up low company and the frequenting of public houses, is a condition precedent." Where the provision requires the donee to properly conduct himself for a certain time, his reformation to be judged by the executors or trustees, the condition has been upheld as not void for uncertainty.95 But where the gift is to take effect in the future upon the beneficiary abandoning dissipated habits and no one is designated to determine whether or not reformation has taken place, the condition has been held void for indefiniteness and uncertainty.96 § 1050. Conditions Requiring Residence at a Certain Place. A condition that the devisee shall reside on the property devised to him is valid." The terms of the will must 92 Hawke v. Enyart, 30 Neb. 149, 27 Am. St. Rep. 391, 46 N. W. 422; Reuff v. Coleman, 30 W. Va. 171, 3 S. E. 597; Campbell v. Clough, 71 N. H. 181, 51 Atl. 668; Cushman v. Cushman, 116 App. Div. 763, 102 N. Y. Supp. 258. A condition for the good behavior of the devisee, if intelligible, will be sustained.—West v. Moore, 37 Miss. 114. 93 Jordan v. James Dunn & Ontario Loan etc. Co., 13 Ont. 267; Onderdonk v. Onderdonk, 127 N. Y. 196, 27 N. E. 839. 94 Tattersall v. Howell, 2 Mer. 26. 95 Markham V. Hufford, 123 Mich. 505, 81 Am. St. Rep. 222, 48, L. R. A. 580, 82 N. W. 222. 96 Jones v. Jones, 223 Mo. 424, 25 L. R. A. (N. S.) 424, 123 S. W. 29. 97 Wilkinson v. Wilkinson, L. R. 12 Eq. 604; Astley v. Essex, L. R. 18 Eq. 295; Law v. Cloud, 45 Ga. 481; Lindsey v. Lindsey, 45 Ind. 552; Marston v. Marston, 47 Me. 495; Jenkins v. Horwitz, 92 Md. 34, 47 Atl. 1022; Caspar v. Walker, 33 N. J. Eq, 35; Reeves v. Craig, 60 N. C. 208; Connor v. Sheridan, 116 Wis. 666, 93 N. W. 835. Contra: Newkerk v. Newkerk, 2 Caines (N. Y.) 345; Pardue v. Givens, 54 N. C. 306. Where a testatrix, after devising a farm, bequeathed certain im. plements and stock necessary to carry it on, if the devisee "should desire to move upon it," the be |