1In a homemade will, a testator's use of the word 'conditions' attached to a bequest of real property — requiring the property never be sold or demolished and be maintained 'for posterity' — may be properly construed as precatory wishes rather than binding conditions, particularly where the testator used distinct trust language elsewhere in the will, indicating awareness of the difference between an absolute gift and a trust.
2Even if words in a will are construed as imposing conditions on an absolute gift of real property, a condition precluding sale is void as a restraint on alienation and a condition preventing demolition is void as repugnant to the absolute gift, with the donee taking free of the condition.
3Where a specific-purpose trust gift (maintenance of property) fails because the trust purpose will not be fulfilled, the funds do not pass on intestacy but fall into the residuary gift of the same account, preserving the testator's charitable intent — here, the balance of the account passed to the archdiocese for its charitable purposes.
