MATTER OF STEPHENS

THOMAS K. MOORE, Chief Judge.

This matter is before the Court on appeal from the Territorial Court of the Virgin Islands, having been submitted on appellant's brief without oral argument. Appellant challenges. the Territorial Court's interpretation of the will that prohibited appellant from taking the bequest of land; its failure to apply the doctrine of impossibility of performance to excuse or waive of conditions of performance; its failure to hold an evidentiary hearing on the issue of whether appellant substantially performed the conditions outlined in the will; and its determination that appellant did not substantially perform the conditions outlined in the will. After due consideration,

IT IS on this 16th day of June, 1994, hereby ORDERED AND ADJUDGED that the judgment of the Territorial Court is AFFIRMED.