The ruling when a testator bequeaths one-third of their estate to an heir and a non-heir with a condition attached

Primary text

If a testator bequeaths one-third of their estate to an heir and a non-heir, stating that if the heir's bequest is rejected, the entire one-third goes to the non-heir, then the entirety of the one-third goes to the non-heir as stipulated. However, if the heirs approve the bequest to the heir, the one-third is divided between the heir and the non-heir because the bequest is contingent upon the condition. This principle applies because the bequest is tied to the condition.