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Featuring Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed.


A “condition” Is to be distinguished from a limitation, In that I he latter may be to or for the benefit of a stranger, who may then take advantage of its determination, while only the grantor, or those who stand in his place, can take advantage of a condition. (IToselton v. Hosel- ton, 100 Mo. 182. 05 S. W. 1005; Stearns v. Gofrey, 10 Me. 15S:) and in that a limitation ends the estate without entry or claim, which is not true of a condition. It also differs from a conditional limitation; for in the latter the estate is limited over to a third person, while in case of a simple condition it reverts to the grantor, or his heirs or devisees, (Church v. Grant, 3 Gray [Mass.) 147. 03 Am. Dec. 725.) It differs also from a covenant, which can be made by either grantor or grantee, while only the grantor can make a condition. (Co. Litt. 70.) A charrjc is a devise of land with a bequest out of the subject-matter, and a charge upon the devisee personally, in respect of the estate devised, gives him an estate on condition. A condition also differs from a remainder; for, while the former may operate to defeat the estate before its natural termination. the latter cannot take effect until the completion of the preceding estate.

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