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. A condition determines an estate after breach upon entry or claim by the proper person: a limitation marks the period which determines an estate without any act on the part of him who has the next expectant interest. A conditional limitation is, therefore, of a mixed nature, partaking of that of a condition and a limitation.

Proprietors of Church in Brattle Square v. Grant, 3 Gray (Mass.) 143, 63 Am. Dec. 725.

The limitation over need not be to a stranger; 2 Bla. Com. 155; Fifty Associates v. Howland, 11 Mete. (Mass.) 102; Watk. Conv. 204.

See Condition; Limitation; 1 Washburn, Real Prop. 459; 4 Kent 122, 127; 1 Preston, Est. §§ 40, 41, 93.