Nature of the Case
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Facts
Decedent conveyed his land into a trust, naming himself as the life tenant. Upon his death, the land was to go to his oldest son and his heirs, provided that the son lives to the age of 21. If the son did not reach 21, the land was to go to decedent's heirs. As determined by the nature of decedent's interest in the land (a copyhold), decedent's heirs were the issue of his youngest son, rather than the issue of the oldest son. At the time of decedent's death, the oldest son was alive but had not reached 21. The younger son took possession of the land, and the older son brought an ejectment action. The younger son argued that the older son's interest was based on a condition precedent which had not yet occurred and that the younger son, as the decedent's heir had the right to the land until the condition was satisfied.
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