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Of Estates upon Condition.
NATURE of conditions, page 1, 2.—The different kinds of conditions, 2,5.
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, og
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.