WILLS - CONVEYANCES CONDITIONED ON GRANTOR'S DEATH - CONTRACTS FOR POSTHUMOUS PERFORMANCE

By an instrument entitled a lease, the owner of a country estate agreed with the Y.M.C.A. that the latter should have a lease of the land for his life in consideration of the payment of taxes and the maintenance and improvement of a boys' camp on the premises. Further, if at his death the lease were in good standing (a right of entry for condition broken having been reserved), then the Y.M.C.A. was to receive full title to the land. Pursuant to the agreement the camp was operated, and at the lessor's death the Y.M.C.A. was in possession in good standing. In an action by the Y.M.C.A. for a decree directing the executor of the lessor's estate to execute full deeds to it, the heirs of the lessor denied the validity of the "lease" to give any rights surviving the lessor's death.

Held, the Y.M.C.A. had no right to title in the land; the deceased had attempted a testamentary disposition of his property which failed under the statute of wills. In re Murphy's Estate, (Wash. 1938) 75 P. (2d) 916.