53 CONDI 
Plowd.% 4. Regularly the word “ for " does not import 
n condition, though it has the force of a condition when 
the thing granted is executory, and the coniideration of 
the grant is a fervice, or fome fuch thing, for which there 
is no remedy, but the (topping the thing granted ; as in 
the cafe of an annuity granted pro confillo, or for execut¬ 
ing-the office of a fteward of a court, or the fervice of a 
captain or keeper of a fort; here the failure of giving 
counfel, or performing the fervice, is a kind of eviction 
of that which is to be done for the annuity, the grantor 
having no means either to exaft the counfel, or recorn- 
pence for it, but by' hopping the annuity; and in thefe 
Cafes the condition is not precedent, and therefore the 
performance thereof need not be averred when the annuity 
is demanded. Per Hobart, chief juftice, in the cafe of 
Cowper nj. 'Andrews. 
As the intent of the teftator chiefly governs in wills, 
fuch conftrufticn is always made of the words, as will beft 
fupport his intent, 3nd therefore thefe words ad faciendum, 
faciendo, ea intentione, ad iffeflum, Sc c. in a will, create a 
condition. Co. Lit. 204.. A grant to one to the intent he 
(hall do fo and fo, is no condition, but a truft and con¬ 
fidence. Dyer, 138. Some words in a leafe do not make 
a condition but a covenant, upon which the leflor may 
bring his aftion. A leafe being the deed of leflor and 
JelTee, every word is fpoken by both ; and a condition 
may be therein, though it founds in covenant. 1 Nelf. 464. 
A covenant not to grant, fell! &c. may be a condition; 
and covenant that, paying the rent, the leffee (hall enjoy 
the land, is conditional. 2 Danv. 6 . Where words are 
indefinite, and proper to defeat an eftate, they (hall be 
taken to have the force of a condition. Palm. 503. 
3. A condition may be well performed, when it is done 
as near to the intent as may be : for if the condition of a 
feoffment be that the feoffee (hall make an eftate back to 
the feoffor and his wife, and the heirs of their two bodies, 
remainder to the right heirs of 'the feoffor; in this cafe, 
if the feoffor die before, the eftate (hall be made to the 
wife without impeachment of wafte, the remainder to the 
heirs of the body of the hufband begotten on the wife, 
See. Co. Lit. 219. If a condition be performed in fub- 
itance and effeft, it. is good although it differs in words; 
as where it is to deliver letters patent, and the party 
bound, having loft them, delivers an exemplification, &c. 
2 Dan<v. 40. Though payment of the money before the 
day, is payment at the day, in performance of a condi¬ 
tion; yet a feoffor, &c. cannot re-enter, and reveft his 
old eftate by force of the condition, till the day whereon 
the condition gives him power to re-enter. If a man 
feifed of land in right of his wife, make a feoffment in 
fee on condition, and dies ; if the heir of the feoffor en¬ 
ters for the condition broken, and defeats the feoffment, 
his eftate vanifhes, ahd prefently it is veiled in the wife. 
Co. Lit. 202. And if a perfon feifed of land, as heir on 
the part of his mother, makes a feoffment on condition 
and dieth ; though the heir on the part of the father, who 
is heir at common law, may enter for the condition bro¬ 
ken, the heir of the part of the mother fhall enter upon 
him* and enjoy the land. 
Where there is a condition in a feoffment or leafe, that 
if no di ft refs can be found, the feoffor dial 1 re-enter; it 
the place is not open to the diftrefs, as if there be only a 
cupboard in the houfe, which is locked, it is all one as 
if there was no diftrefs there, and the feoffor may‘enter. 
2 46. When a rent is to be paid upon condition 
at a certain day , the leffor cannot enter for the condition 
broken, before demand of the rent. And the leflor ought 
to demand the rent at the day, or the condition fhall not be 
broken by the non-payment of the rent. A re-entry may 
be given on a feoffment, though none be referved ; if one 
make a leafe for life or feoffment upon condition, that if the 
feoffee or leffee does fuch an aft, the eftate fhall be void: 
mow although the eftate cannot be void before entry, this 
•is a good condition, and fhall give an entry to the leflor, 
by implication. 1 Rol. Abr. 408, A leafe for life on con- 
TION, 
dition, being a freehold, cannot ceafe without entry ; but 
if it be a leafe for years, the leafe is v.oid ipfo faSlo, on 
breach of the condition without any entry. 1 Inf. 214. 
If a leafe for years is, that, on breach of the condition, 
the term fhall ceafe, the term is ended without entry; but 
where the words are, that the leafe fhall be void, it is 
otherwifei Cfo.Car. 511. Regularly, where one will take 
advantage of a condition, if he may enter, he mu I do it; 
and if he cannot enter, he muft make a ck.itn. Co. Lit. 
218. Where on condition broken, leffor brings an ejeftj 
inent, entry is not necefiary ; if tenant defends, he is 
bound by the rule to confefs entry. 
No one can referve the power or benefit of re-entry, on. 
breach of a condition to any other but himfel-f, his heirs, 
executors, See. parties and privies, in right and reprelen- 
tation ; privies in law, grantees of reverfions. See. are to 
have no advantage by it. But by .32 Henry VIII. c.28, 
grantees of reverflops may take advantage againft lc-flees 
by aftion. Plowd. 175. Where one doth enter for a con¬ 
dition broken., it generally makes the eftate void ab initio, 
and the party comes in of his firit eftate; and he fhall 
have the land in the fame manner it was when he parted 
with it; and his poffeffion at the time of making the con¬ 
dition; therefore he fhall avoid all fublequent charges on 
the lands. Co. Lit. 233. If one enters on a condition per¬ 
formed, he fhall avoid ali incumbrances upon the land 
after the condition made; and a condition when broken, 
or performed, will defeat the whole eftate. So that if 
there be a leafe for life, remainder in fee, on condition 
that the leffee for life’ fhall pay twenty pounds to the 
leflor ; if he pay not this money, the eftate in remainder 
will be avoided alfo. Dyer, 127. But this may be other- 
wife by fpecial limitation to an ufe; and if tenant for life, 
and he in remainder join in a feoffment on condition, 
that if, Sec. then the tenant for life fhall re-enter, this 
may be good without defeating the whole eftate; though 
regularly a condition may not avoid part of an eftate, and 
leave another part entire, nor can the eftate be void as to 
fome perfons, and good as to others. 8 Rep. 190. Leffee 
for life makes a feoffment on condition, and enters for 
the condition broken ; by this he fhall be reftored to his 
eftate for life, and reduce the reverfion to the leffor; and 
the rent due to the leflor fhall be revived; but in this 
cafe the leffee will not be in the fame courfe as he was 
before, for his eftate is fubjlft to a forfeiture, though he 
be tenant for life fti 1 1 . Roll. 474. 
Tenants by the courtefy, tenant in tail after poflibility 
of iffue extinft, tenant in dower, for life, or years, Sec. 
hold their eftates fubjeft to a condition in law not to grant 
a greater eftate than they have, nor to commit wafte, Sec. 
1 Inf. 233. And eftates made by deed to infants, and 
feme coverts, upon condition, fhall bind them, hecaufe 
the charge is on the land. A releafe of all a man’s right 
may be upon condition ; a leffee may furrender upon con¬ 
dition; a contract maybe upon'condition, &c. But a 
parfon cannot refign upon condition, any more than be 
admitted upon condition ; and a condition cannot be re¬ 
leafed on condition. 9 Rep. 85. No perfon fhall defeat 
any eftate of freehold upon condition, without (hewing 
the deed wherein the condition is contained; but of chat¬ 
tels real or perfonal, a man may plead that fuch grants or 
leafes were made upon condition without fhewing the 
deeds ; and in the cafe of a condition to avoid a freehold, 
though it may not be pleaded without the deed, it may 
be given in evidence to a jury, ,and they may find the 
matter at large. Lit. 374, A condition may be appor¬ 
tioned by aft of law, or of the leffee ; but a man cannot 
by his own aft divide, or apportion a condition, which 
goes to the deftruftion of an eftate. 1 Nelf. Abr. 474. A 
condition in a will is a thing odious in law, which fliall 
not be created without fufficient words. 2 Leon. 40. A 
devife to the heir at law, provided he pay to A. B. twenty 
pounds is a void condition, becaufe there is no perfon to 
take advantage of the non-performance. 1 Lutvj. 797. 
Yet conditional devifes, as well of lands as of goods, are 
allowed 
