CONDITION, in law, a restraint an nexed to a thing, one of the terms upon which a grant may be made on a contin gency, upon the happening of which the estate may be defeated ; as a mort gage which is to cease upon payment of a certain sum. Conditions are either in deed, or express ; in law, or implied ; precedent ; subsequent ; inherent ; colla teral ; affirmative ; negative ; single ; co pulative. A condition precedent is one, the happening of which is to precede the vesting of the estate or a thing granted. A condition subsequent, by happening after the vesting of the estate, defeats, continues, or extends it ; and this distinc tion is of frequent occurrence and great importance. A condition in deed differs from a limitation of an estate, chiefly in that the former defines the estate, which can not exceed the limits set to it in the ori ginal grant ; but upon an express con dition in deed, the estate continues until the grantor, who may take advantage of it, enters to defeat it. See LIMITA TION. Conditions which are impossible, contrary to law, or repugnant to the na ture of the estate, are void, and conse quently the estate, if the condition be subsequent, becomes absolute, by being freed from the condition ; but if prece dent, the estate can never vest. Those
which give or enlarge an estate are fa vourably, those which restrain or defeat it, strictly construed ; and conditions in restraint of marriage are not favoured, unless reasonable, but must be perform ed where the thing is limited over to a third person. The right of taking ad vantage of a condition can be reserved only to the party, his heir, executor, or privities, in right and representation. A familiar instance of a condition is a bond with a penalty, conditioned to be void on payment of a less sum.
CosrinTioN, or Condition implied, is when a person grants an office to ano ther as keeper of a park for life ; though there be no condition expressed in the grant, yet the law makes one covertly, which is, that if the grantee does not exe cute all things belonging to his office, it shall be lawful for the grantor to dis charge him.