estate subject to a conditional limitation

estate subject to a conditional limitation
The distinction between an estate upon condition subsequent and an "estate subject to a conditional limitation" is that in former words creating condition do not originally limit term, but merely permit its termination upon happening of contingency, while in latter words creating it limit continuation of estate to time preceding happening of contingency. Johnson v. Lane, 199 Ark. 740, 135 S.W.2d 853, 866

Black's law dictionary. . 1990.

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  • estate subject to a conditional limitation — The distinction between an estate upon condition subsequent and an estate subject to a conditional limitation is that in former words creating condition do not originally limit term, but merely permit its termination upon happening of contingency …   Black's law dictionary

  • estate — es·tate /i stāt/ n [Anglo French estat, literally, state, condition, from Old French, from Latin status, from stare to stand] 1: the interest of a particular degree, nature, quality, or extent that one has in land or other property compare fee;… …   Law dictionary

  • conditional — I adjective alterable, changeable, conditioned, containing stipulations, contingent on, dependent on, depending on, depending on a future event, determined by, equivocal, granted on certain terms, hypothetical, imposing a condition, indefinite,… …   Law dictionary

  • limitation — Restriction or circumspection; settling an estate or property. A certain time allowed by a statute for bringing litigation (see statute of limitations, below). The provisions of state constitution are not a grant but a limitation of legislative… …   Black's law dictionary

  • limitation — Restriction or circumspection; settling an estate or property. A certain time allowed by a statute for bringing litigation (see statute of limitations, below). The provisions of state constitution are not a grant but a limitation of legislative… …   Black's law dictionary

  • estate — The degree, quantity, nature, and extent of interest which a person has in real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein. 2 Bl.Comm. 103. The condition or… …   Black's law dictionary

  • estate — The degree, quantity, nature, and extent of interest which a person has in real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein. 2 Bl.Comm. 103. The condition or… …   Black's law dictionary

  • defeasible — de·fea·si·ble /di fē zə bəl/ adj: subject to or capable of being annulled or made void a defeasible interest his rights are not defeasible by agreement J. D. Calamari and J. M. Perillo Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • defeasible — Subject to be defeated, annulled, revoked, or undone upon the happening of a future event or the performance of a condition subsequent, or by a conditional limitation. An estate which is not absolute, i.e., one which is determinable or subject to …   Black's law dictionary

  • defeasible — Subject to be defeated, annulled, revoked, or undone upon the happening of a future event or the performance of a condition subsequent, or by a conditional limitation. An estate which is not absolute, i.e., one which is determinable or subject to …   Black's law dictionary

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