
    ESTATE OF J. B. WHITE.
    No. 8315
    March 6, 1878.
    Will, conditional, to be valid in case of death on a particular voyage, a NULLITY ON RETURNING THEREFROM.
    A will which recites projected voyage and “ in case of death while performing the journey,” makes certain disposition of property, becomes a nullity on the safe return of testator.
    Construing section, C. C„ 1281.
    
      Sol. A. Sharp, for administrator.
    
      P. B. Ladd, for proponent.
   A paper was offered for probate, reading as follows:

“San Feancisco, November 13, 1876.
“I am about to sail for China and Japan on the 16th inst., and in case of my death while performing the journey I desire the following disposition of my estate to be made, ”&c., &c.

Deceased returned from the voyage indicated in the paper, and (being in the employ of a steamship company) made other voyages. He died on board his ship in the harbor of San Francisco.

By the Court:

The will was conditional, (1 Redf. on Wills, 177-9, ed. of 1869,) and was made of no effect by the return of the deceased from the voyage indicated. Probate of the will must therefore be denied.  