CONDITION, in law. This word is of peculiar importance in the real property law of England, as forming the foundation upon which the right of alienation of laud, as well as the system of entails and that of mortgages was raised. Originally, a gift of an estate to a tenant (or vassal) by the lord of the fee (lid not convey more than a life estate; and when a gift was made to a man and the heirs of his body, it was held that it was a gift upon C. that he had heirs of his body. But if the C. was performed by his having children, although they might all die before his own death, the judges held that his estate became absolute, to the effect that he might aliens the land, and so bar not merely the succession of his issue, but the right of the lord in default of issue, although, if he did not allelic, the lord would recover in the event of the tenant's death without issue. But it came afterwards to be held that a gift to a man and the heirs of his body conferred what is called an estate tail, which might at once, by certain forms, be converted into an absorie estate, independent of the birth of issue. See ENTAIL, A mortgage is an estate given to the mortgagee upon C. that he restores it upon pay ment of a fixed sum borrowed by the mortgager. This Is an example of an estate upon C. expressed. An estate attached to an office is an estate in the holder of the office upon C. implied, that he shall perform its duties. A C. may also be either precedent or subse
quent. In the former case the gift does not take effect until the C. is performed; in the latter, it becomes void when the C. occurs. The right to take advantage of a C. subse quent cannot be bestowed on a stranger, but can only be reserved to the grantor and his heirs, though after such reservation it may be assigned to a stranger. Conditions which are incapable of performance, or contrary to law, are void; and if such a C. is precedent, it makes the gift void; if subsequent, the estate becomes absolute in the tenant. But if a C. become illegal, or impossible, subsequently to the making of the grant, it has a different effect, according as the effect is produced by statute or by other circumstances. If by statute, the party bound to perform the C. is relieved from it; if by other circumstances, he loses his right, as being unable to perform the con dition.
In contracts, conditions which are main in se render the contract void; but it is otherwise if the C. is merely opposed to an arbitrary rule of law, in which case the C. only is void, and the contract subsists. In legacies, a similar rule prevails. But in the case of legacies, a C. impossible of performance is generally taken pro non seripto- whereas in contracts, it commonly annuls the claim of the party who has bound himself to its performance