estate on condition – an (contingent) estate in land that vests, is modified, or is defeated upon the occurrence or non-occurrence of some specified event

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estate on condition:
(18c)

1. An estate that vests, is modified, or is defeated upon the occurrence or non-occurrence of some specified event.  *  While an estate on limitation can revert without any action by the grantor or the grantor’s heirs, an estate on condition requires the entry of the grantor or the grantor’s heirs to end the estate whenever the condition occurs. — aka estate on conditional limitation; conditional estate; estate upon condition.  Cf. estate on limitation. [1]

1. An estate in real property with a qualification annexed by which it may, on the happening of a particular event, be created, enlarged, or destroyed. Munro v Syracuse L.S. & N. R. R. Co. 200 NY 224, 93 NE 516.

The conditions annexed to estates are those implied by law and those expressed in the grant or devise which creates the estate.  Express conditions are those declared or set forth in the instrument creating an estate or superimposed by a collateral agreement.  Conditions implied in law are those which the law itself annexes to either certain estates or estates held under certain circumstances. 28 Am J2d Est § 132
     See fee conditional. [2]

1. An estate whose existence, enlargement, or termination is conditioned upon the happening of a particular event.  Such conditions are either expressed in the deed, will, or other instrument that creates the estate, or they are implied by law.  An estate upon condition is also referred to as a conditional estate.
     See also limitation of estate. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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