Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/164

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ESIDES the everal diviions of etates, in point of interet, which we have conidered in the three preceding chapters, there is alo another pecies till remaining, which is called an etate upon condition; being uch whoe exitence depends upon the happening or not happening of ome uncertain event, whereby the etate may be either originally created, or enlarged, or finally defeated. And thee conditional etates I have choen to reerve till lat, becaue they are indeed more properly qualifications of other etates, than a ditinct pecies of themelves; eeing that any quantity of interet, a fee, a freehold, or a term of years, may depend upon thee proviional retrictions. Etates then upon condition, thus undertood, are of two orts: 1. Etates upon condition implied: 2. Etates upon condition expreed: under which lat may be included, 3. Etates held in vadio, gage, or pledge: 4. Etates by tatute merchant or tatute taple: 5. Etates held by elegit.

I. upon condition implied in law, are where a grant of an etate has a condition annexed to it ineparably, from it's eence and contitution, although no condition be expreed in words. As if a grant be made to a man of an office, generally, without adding other words; the law tacitly annexes hereto a ecret condition, that the grantee hall duly execute his office , Rh