- 15 - Under decedent's will, if the bequest to her daughter failed, the stock would pass to the surviving spouse as the residuary beneficiary. Since the surviving spouse had no insurance business experience, and was not licensed to sell insurance, respondent argues that decedent would never have allowed her husband to inherit 75 percent of the agency's stock. Respondent's alternative argument is that the language created a condition subsequent. A condition subsequent under New Jersey law would cause the stock to vest immediately in Patricia Low but she would subsequently be divested of it if she failed to make the payments. Tizard v. Eldredge, 25 N.J. Super. 477, 481, 96 A.2d 689, 691 (1953). Respondent cites various New Jersey cases to aid in construing decedent's will. New Jersey courts do not favor conditions in wills. Parmentier v. Pennsylvania Co. for Ins., 122 N.J. Eq. 25, 30, 192 A. 62, 65 (1937), affd. 124 N.J. Eq. 272, 1 A.2d 332 (1938). However, if the testator's intent shows that a condition is intended, then conditions subsequent are favored over conditions precedent. Id. Respondent also points out that if the language in question created a condition precedent, as petitioner contends, then the stock ownership could have been in limbo for 10 years had Patricia Low made the payments, a situation that decedent would not have intended. Respondent cites Tizard, which states: "Where there is a prolonged period of time prescribed by the words of the bequestPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011