Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/168

 156 and not a condition : becaue, if it were a condition, then, upon the branch thereof, only A or his repreentatives could avoid the etate by entry, and o D's remainder might be defeated by their neglecting to enter; but, when it is a limitation, the etate of B determines, and that of D commences, the intant that the failure happens. So alo, if a man by his will devies land to his heir at law, on condition that he pays a um of money, and for non-payment devies it over, this hall be conidered as a limitation; otherwie no advantage could be taken of the non-payment, for none but the heir himelf could have entered for a breach of condition.

all thee intances, of limitations or conditions ubequent, it is to be oberved, that o long as the condition, either expres or implied, either in deed or in law, remains unbroken, the grantee may have an etate of freehold, provided the etate upon which uch condition is annexed be in itelf of a freehold nature; as if the original grant expres either an etate of inheritance, or for life, or no etate at all, which is contructively an etate for life. For the breach of thee conditions being contingent and uncertain, this uncertainty preerves the freehold ; becaue the etate is capable to lat for ever, or at leat for the life of the tenant, uppoing the condition to remain unbroken. But where the etate is at the utmot a chattel interet, which mut determine at a time certain, and may determine ooner, (as a grant for ninety nine years, provided A, B, and C, and the urvivor of them, hall o long live) this till continues a mere chattel, and is not, by it's uncertainty, ranked among etates of freehold.

expres conditions, if they be impoible at the time of their creation, or afterwards become impoible by the act of God or the act of the feoffor himelf, or if they be contrary to law, or repugnant to the nature of the etate, are void. In any of which caes, if they be conditions ubequent, that is, to be per- Rh