Page images




Chap. XXVII.

Of Estates upon Condition.

NATURE of conditions, page 1, 2.- The different kinds of conditions,2,3.

I. Conditions in deed, 3, 4.-1. By what words created, 4.-Effect of the

words,“ Sub conditione,” ib:-Proviso, ib. Ita quod, 5.—Quod si con-

tingat, ib.-Diversity between quod si contingat, and other words of con-

dition, 6.-Si, and Pro, 7.-Less precise words of condition, sufficient in

the king's case, in wills, and leases for years, 8.-II. What shall be a

good condition, or not, 9.-Condition precedent, to enlarge an estate,

when good, 10, 11.-On lease for years, conditioned to have fee, and

livery thereupon, whether a fee conditional passes ? 11 to 17.-Condi-

tion precedent being uncertain, no estate can arise, 18.-So if it be-

come impossible, though by act of the lessor, ib.-Condition subsequent

becoming impossible by act of the feoffor, the estate is absolute, ib,-

So if by act of God, 19, 20.--Impossible conditions. Diversity herein

between a condition annexed to a feoffment, and a condition in a bond,

being executory, 21, 22.-Illegal conditions. Condition to do a thing

malum in se, in a bond, the bond is void, 23.-In a feoffment, the estate

is absolute, 23, 24.-Secus as to a condition in a bond merely against some

maxim of law, 25.-Repugnant conditions, 26.-Condition not to alien, on

a conveyance in fee, void, ib.-Secus where it is annexed to a collateral

thing, 27.-Or is restrictive of alienation to a particular person only, ib.

Or in case of alienations prohibited by law, ib.--Condition not to alien,

on a gift in tail, good as to alienations working a discontinuance, 28, 29.-

Secus as to a common recovery, 30, 31.-On gift in tail with remainder

in fee, condition not to alien, good as to the intail only, 32.-Condition

to re-enter on discontinuance of intail and death of issue, good, ib.

a 2

« PreviousContinue »