Conditional limitation

A condition followed by a limitation over to a third person in case the condition be not fulfilled or there be a breach of it.

Stearns v. Godfrey, 16 Me. 158; Church v. Grant, 3 Gray (Mass.) 151, 63 Am. Dec. 725; Smith v. Smith, 23 Wis. 176, 99 Am. Dec. 153.

A conditional limitation is where an estate is so expressly defined and limited by the words of its creation that it cannot endure for any longer time than till the contingency bap-pens upon which the estate is to fail.

1 Steph. Comm. 309.

Between conditional limitations and estates depending on conditions subsequent there is this difference: that in the former the estate determines as soon as the contingency happens ; but in the latter it endures until the grantor or his heirs take advantage of the breach.

Id. 310.