FUTURE INTERESTS-CONTINGENT CONSTRUCTION OF REMAINDER GIFT TO CHARITY

Testator left property in trust to use the income, and such portions of principal as might be necessary, for the support, maintenance and education of his granddaughter during her life. Upon the death of the life tenant, the trustee was directed to pay unto the Methodist Protestant University of Kansas City, Kansas, all the unexpended principal and interest thereof, if any, to have and to hold the same forever.\u27\u27 Subsequent to the testator\u27s death in 1904, but prior to the death of the life tenant, the remainderman assigned its interest to appellant\u27s assignor, and then went out of existence. In 1945 the life tenant died, and the trustee sued to terminate the trust and ascertain the beneficiaries. The lower court found an implied condition precedent that the beneficiary survive the life tenant, and directed the trustees to pay to the residuary legatees. On appeal, held, affirmed. Horton v. Board of Education of the Methodist Protestant Church, (Wash. 1948) 201 P (2d) 163