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Estate Upon Condition

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

An estote in lands, the existence of which depends upon the happening or not happening of seme uncertain event, whereby the estate may be either originally created or enlarged or finally defeated. 2 Bl. Comm. 151; 1 Steph. Comm. 276; Co.. Litt 201a. An estate having a qualification annexed to it, by which it may, upon the happening of a particular event, be created, or eniarged, or destroyed. 4 Kent, Comm. 121.

Estate upon couditiou expressed. An estate granted, either in fee-simple or otherwise, with an express qualification annexed, whereby the estate granted shall either commence, be enlarged, or be defeated upon performance or breach of such qualification or condition. 2 Bl. Comm. 154. An estate which is so expressly defined and limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail. 1 Steph. Comm. 278.

Estate upon condition implied. An estate having a condition annexed to it inseparably from its essence and constitution, although no condition be expressed in words. 2 Bl. Comm. 152; 4 Kent, Comm. 121.