COND 
The particular eftate and in urea fe muft take effeCt by the 
fame deed, or byfeveral deeds delivered at the fame time. 
8 Rep. 75 - 
Conditions to create eftateS diall be favourably con- 
ftrued-. but conditions which tend to deltroy, or reftrain 
an eftate, are to be taken ftri&ly. A feoffment upon con¬ 
dition, that the feoffee (hall not alien, is void : but a con¬ 
dition in a feoffment not to alien for a particular time, or 
to a particular perfon, may be good. Hob. 13.261. And 
if a condition is, that tenant in tail (hall not alien in fee, 
&c. or tenant for life or years not alien during the term, 
thefe conditions are good : where thereverfiori of an eftate 
is in the donor, he may reftrain an alienation by condition. 
10 Rep. 39. If one make a gift in tail, on condition that 
the donee or his heirs fhall not alien, this is good to 
fome intents, and void to others : for if he make a feoff¬ 
ment in fee, or any other eftate by which the reverfion is 
difcontinued tortiouflj 7 , the donor may enter; but it is 
otherwife if he fuffer a common recovery. 1 Inji. 223. A 
liberty infeparable from an eftate cannot be reftrained ; 
and theiefore a condition that a tenant in tail fhall not 
levy a fine, within the 4 Hen. VII. c. 24, or fuffer a reco¬ 
very; or not make a leafe within the 32 Hen. VIII. c. 36, 
Is void and repugnant. But if the condition reftrain 
levying a fine at common law, it may be good, 2 Dewv. 
Abr. 22. A gift in tail, or in fee, upon condition that a 
feme fhall not be endowed; or baron be tenant by the 
curtefy, is repugnant and void, So is a condition in a 
leafe, &c. that the leffee fhall not take the profits : and 
where a man grants a rent-charge out of land, provided 
it fhall not charge the lands. Co. Litt. 146. Conditions 
repugnant to the eftate, impoftible, &c. are void : and if 
they go before the eftate, the eftate and condition are 
void ; if to follow it, the eftate is abfolute, and the condi¬ 
tion void. 9 Rep. 128. But if at the time of entering into 
a condition, a thing be poflible to be done and become 
afterward impoftible by the adlof God, the eftate of a feoffee 
(created by livery) fhall not Be avoided. 2 Mod. 204. 
Where a condition is of two parts, one poftible, and 
the other not f'o, it is a good condition for performing 
that part which is poftible. Cro. Eliz. 7So. Though if a 
condition is of two parts dis-jundfive, and one part be¬ 
comes impoftible, by the adl of God, the perfon bound is 
, not obliged to perform the other. 1 Rol. Abr. 446. If a 
condition be in the copulative, and is not poftible to be 
performed, it is faid it may be taken in the dis-jundiive. 
t Dnn-v. Abr. 73. tVhere an eftate is to be wholly created 
upon a condition impoftible to be performed, there the 
eftate fhall never come in ejje. 1 Leon. c. 3 11. A woman 
makes a feoffment to a man that is married, upon condi¬ 
tion that he fhall marry her; this condition is not impof- 
fibie, for the man’s wife may die, and then he may marry 
her. 2 Dati-v. 25. A reverfion may be granted in tail 
upon condition, that if the grantee pays fo much, lie fhall 
have the fee. 8 Rep. 73. But if a man grants lands, See. 
for years, upon condition that if the leffee pay twenty 
ihillings within one year, that he fhall have it for life : 
and that if he after the year pay twenty fhillings, he fhall 
have the fee; though both funis are paid, he fhall have 
but an eftate for life : the eftate for life, at the time of 
the grant, being only in contingency, and a poftibility 
cannot increafe upon a poftibility, nor can the fee increafe 
upon the eftate for years. 8 Rep. 75. 
If a lenfe be made to two, with condition to raife a fee, 
and one dies, the furvivor may perforin the condition, 
and have the fee; but if they make partition, the condi¬ 
tion is deftroyed. 8 Rep. 76. If a feoffee grant the rever- 
fton of part of the land, on a leafe for years, on which a 
rent upon condition is referved, all the condition is con¬ 
founded and gone ; though if the leffee aftign part, the 
condition remains, for he cannot difeharge the eftate of 
the condition. 2 Dan^y. Abr. 119. A man makes a feoff¬ 
ment upon condition, and after levies a fine to a ftranger, 
the condition is gone. If a feoffee upon condition to in- 
feoff another, infeoff a ftranger 5 or if it be to re-infeoff 
t T I O N. 51 
the feoffor, and he grant the land to another perfon, up¬ 
on condition to perform tire condition, the condition is 
broken, becaufe the feoffee hath di.fabled himfeif to do it: 
fo where fucli feoffee, upon condition to re-infeoff, See. 
takes a wife, that the land is fubjeCI to the dower of the 
wife; and fo if the land is recovered, and execution fued 
out by another, the condition is broken. Co. Lit. 221. If 
one diffeife the feoffee, or any other who hath land by juft 
title, and thereof infeoff a ftranger on condition, and tire 
land is lawfully recovered from him that hath the title ^ 
by this the condition is deftroyed: -and if a difieifor make 
a feoffment in fee upon condition, and’after the difieifee 
doth enter upon the feoffee, this doth extinguifti the con¬ 
dition. Perk. 821. If the feoffee makes a feoffment of all 
or part of the land to the feoffor, before the condition is 
broken ; the condition is gone for ever: and if he make 
a leale for life or years only, then the condition will be 
fufpended for that time, Co. Lit.. 218. But it is otherwife 
where the feoffment or leafe for life or years, are made to 
any other but the feoffor. Where the condition of a fe¬ 
offment is, that if the feoffor or his heir pay a certain fum 
of money to the feoffee fuch a day, and before that day 
the feoffor dietli without heir: or if the feoffment be 
made by a woman on condition to pay her ten pounds, 
or that the feoffee infeoff her by a certain day, and they 
intermarry before the day, and the marriage doth con¬ 
tinue till after it;. in thefe cafes the condition is gone. 
Perk. 763, 764.. 
A condition that would take away the whole effeCt of 
a grant is void; and fo it is if it be contrary to the ex- 
prefs words of it. Conditions againft law are void ; but 
what may be prohibited by law, may be prohibited by 
deed. 1 Inf. 206. He that taketh an eftate in remainder, 
is bound by condition in a deed, though he doth not 
fenl it. 
Conditions in reftraint of marriage have not generally 
been favoured, as contrary to found policy; but where a 
legacy has been given over to another, there the condi¬ 
tion has always been held good ; and it feems that fuch 
conditions as only reafonably reftrain children from im¬ 
prudent marriages will be always fupported. That is to 
fay, where they operate only as particular, not as uni- 
verfal reftribtions. In the cafe of Scott 'v. Tyler, 2 Cro. 
C. R. 431, it was determined after very long arguments, 
that a condition annexed to a legacy, that the legatee 
fhould not marry under twenty-one, without confent of 
her mother, (or rather that the legacy fhould veft previous 
to twenty-one, if the legatee married with fuch confent,) 
was a valid condition. And upon marriage without fuch 
confent, it was determined to go to the mother under a 
gift of a general iffue. Where a legacy is given on con- 
ftderation that the legatee fhould not marry without con¬ 
fent, and there is no devife over, the condition is void. 
4 Burr. 2055. The cafe of Scott •v. Tyler above-men¬ 
tioned, and Amos Horner, 1 Eq. Ab. 112, have deter¬ 
mined that a bequeft of the relidue, notwithstanding fome 
contradictory authorities, is equivalent to a limitation 
over: w'here the condition is precedent and never per¬ 
formed. As to the invalidity of a legacy in perfeCt re¬ 
ftraint of marriage, fee Knapp nj. Noyes, Arnbl. 662. and 
Elton •v. Elton, 1 V/ilf. 159. And the rule of the eccle- 
fiaftical law is, that where a portion is given in, con ft - 
deration that a daughter fhould never marry, the condi¬ 
tion is void. 
The word “ if" will not always make a condition; but 
fometimes it makes a limitation, as where a leafe is made 
for years, if A. B. lives fo long. And this is contrary 
to a condition ; for a ftranger may take advantage of an 
eftate determined thereby. Go. Lit.- 236. Sub conditioue is 
the moft proper word to make a condition : p root if0 is as 
good a word, when not dependant upon another fentence; 
b.ut in fome cafes, the word prowfo may make no condi¬ 
tion, but be only a qualification or explanation of a co¬ 
venant. 2 Danv. 2. And neither the word pmvifo, nor 
any other, makes a condition, unlsis it is reftriflive. 
Plow*!, 
