II. An eſtate on condition expreſſed in the grant itſelf, is where an eſtate is granted, either in fee-ſimple or otherwiſe, with an expreſs qualification annexed, whereby the eſtate granted ſhall cither commence, be enlarged, or be defeated, upon performance or breach of ſuch qualification or condition[1]. Theſe conditions are therefore either precedent, or ſubſequent. Precedent are ſuch as muſt happen or be performed before the eſtate can veſt or be enlarged; ſubſequent are ſuch, by the failure or non-performance of which an eſtate already veſted may be defeated. Thus, if an eſtate for life be limited to A upon his marriage with B, the marriage is a precedent condition, and till that happens no eſtate[2] is veſted in A. Or, if a man grant to his leſſee for years, that upon payment of a hundred marks within the term he ſhall have the fee, this alſo is a condition precedent, and the fee-ſimple paſſeth not till the hundred marks be paid[3]. But if a man grant an eſtate in fee-ſimple, reſerving to himſelf and his heirs a certain rent; and that, if ſuch rent be not paid at the times limited, it ſhall be lawful for him and his heirs to re-enter, and avoid the eſtate; in this caſe the grantee and his heirs have an eſtate upon condition ſubſequent, which is defeaſible if the condition be not ſtrictly performed[4]. To this claſs may alſo be referred all baſe fees, and fee-ſimples conditional at the common law[5]. Thus an eſtate to a man and his heirs, tenants of the manor of Dale, is an eſtate on condition that he and his heirs continue tenants of that manor. And ſo, if a perſonal annuity be granted at this day to a man and the heirs of his body; as this is no tenement within the ſtatute of Weſtminſter the ſecond, it remains, as at common law, a fee-ſimple on condition that the grantee has heirs of his body. Upon the ſame principle depend all the determinable eſtates of freehold, which we mentioned in the eighth chapter; as durante viduitate, &c: theſe are eſtates upon condition that the grantees do not marry, and the like. And, on the breach of any
