CONDITION, in law a statement of terms, a provision or stipulation, as in a contract, by which the parties thereto consent to be bound; or an undertaking to do something, pay money or other consideration, etc., as a proviso in an agreement by which the other parties thereto bind themselves to perform some act in return. Conditions must be made at the same time as the original conveyance or contract, but may be by a separate instrument, which is then con sidered as constituting one transaction with the original. Unlawful conditions are void. Con ditions in restraint of marriage generally are held void; but this is not true of conditions restraining from marriage to a particular per son, or restraining a widow from a second mar riage. A condition in general restraint of alienation is void, but a condition restraining alienation for a limited time is good. Where land is devised, there need be no limitation over to make the condition good, but where the sub ject of the devise is personalty without a limi tation over, the condition, if subsequent, is held to be in terrorens merely, and void. But if there be a limitation over, a non-compliance with the condition devests the bequest. A limi
tation over must be to persons who could not take advantage of a breach. Perforrnance should be complete and effectual. An incon siderable casual failure to perform is not non performance. Any one who has an interest in the estate may perform the condition, bat a stranger gets no benefit by performing it. Conditions precedent, if annexed to land, are to be strictly perforrned, even when affecting mar riage. Conditions precedent can generally be entirely performed, and usually at any rate equity will not interfere to avoid the conse quences of non-performance.
The word "conditionx' also means the situa tion of every person in some one of the differ ent orders of persons which compose the gen eral order of society and allot to each person therein a distinct separate rank. For instance, at common law, a person under 21 is an infant, with certain disabilities and privileges. Every person is presumed to Icnow the condition of the person with whom he deals.