Online Encyclopedia

CONDITIONAL LIMITATION

Online Encyclopedia
Originally appearing in Volume V06, Page 851 of the 1911 Encyclopedia Britannica.
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CONDITIONAL

LIMITATION  , in law, a phrase used in two senses . (1) The qualification annexed to the grant of an estate or
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interest in
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land, providing for the determination of that grant or interest upon a particular contingency happening . An estate with such a limitation can endure only until the particular contingency happens; it is a
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present interest, to be divested on a future contingency . The grant of an estate to a man so long as he is
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parson of Dale, or while he continues unmarried, are instances of conditional limitations of estates for
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life . (2) A future use or interest in land limited to take effect upon a given contingency . For instance, a grant to X. and his heirs to the use of A., provided that when C. returns from Rome the land shall go to the use of B. in
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fee
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simple . B. is said to take under a conditional limitation, operating by executory devise or springing or shifting use (see REMAINDER, REVERSION) .

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