Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/167

 Ch. 10. of thee ubequent conditions by the failure of thee contingencies; by the grantee's not continuing tenant of the manor of Dale, by not having heirs of his body, or by not continuing ole; the etates which were repectively veted in each grantee are wholly determined and void.

is however made between a condition in deed and a limitation, which Littleton denominates alo a condition in law. For when an etate is o exprely confined and limited by the words of it's creation, that it cannot endure for any longer time than till the contingency happens upon which the etate is to fail, this is denominated a limitation: as when land is granted to a man, o long as he is paron of Dale, or while he continues unmarried, or until out of the rents and profits he hall have made 500𝑙. and the like. In uch caes the etate determines as oon as the contingency happens, (when he ceaes to be paron, marries a wie, or has received the 500𝑙.) and the next ubequent etate, which depends upon uch determination, becomes immediately veted, without any act to be done by him who is next in expectancy. But when an etate is, trictly peaking, upon condition in deed (as if granted exprely upon condition to be void upon the payment of 40𝑙. by the grantor, or o that the grantee continues unmarried, or provided he goes to York, &c. ) the law permits it to endure beyond the time when uch contingency happens, unlefs the grantor or his heirs or aigns take advantage of the breach of the condition, and make either an entry or a claim in order to avoid the etate. But, though trict words of condition be ued in the creation of the etate, yet if on breach of the condition the etate be limited over to a third peron, and does not immediately revert to the grantor or his repreentatives, (as if an etate be granted by A to B, on condition that within two years B intermarry with C, and on failure thereof then to D and his heirs) this the law contrues to be a limitation Rh