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. Bigelow, J., 3 Gray (Mass.) 143. The limitation over need not be to a stranger. 2 Bl. Comm. 155; 11 Mete. (Mass.) 102; Watk. Conv. 204. It is distinguished from an estate on condition subsequent by the fact that, on breach of a conditional limitation, the estate terminates ipso facto. 1 Steph. Comm. 310.

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.

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.

Defined under Limitation in Black's Law Dictionary.

A species of limitation of an estate, partaking of the nature of a condition. 4 Ken Vs Com, 127. As if a condition subsequent be followed by a limitation over to a third person, in case the condition be not fulfilled, or there be a breach of it, that is termed a conditional limitation. Id, 126. Sometimes considered as the same with a remainder. Id, 128, notes. Id. 249, 250. This term is used in other senses than the foregoing. Thus it is said, that 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 happens upon which the estate is to fail. 1 Steph. Com, 278. And to this class are referred all base fees, and fees simple conditional at the common law. Id, ibid,