Chapter the tenth.
Of ESTATES upon CONDITION.
BESIDES the ſeveral diviſions of eſtates, in point of intereſt, which we have conſidered in the three preceding chapters, there is alſo another ſpecies ſtill remaining, which is called an eſtate upon condition; being ſuch whoſe exiſtence depends upon the happening or not happening of ſome uncertain event, whereby the eſtate may be either originally created, or enlarged, or finally defeated[1]. And theſe conditional eſtates I have choſen to reſerve till laſt, becauſe they are indeed more properly qualifications of other eſtates, than a diſtinct ſpecies of themſelves; ſeeing that any quantity of intereſt, a fee, a freehold, or a term of years, may depend upon theſe proviſional reſtrictions. Eſtates then upon condition, thus underſtood, are of two ſorts: 1. Eſtates upon condition implied: 2. Eſtates upon condition expreſſed: under which laſt may be included, 3. Eſtates held in vadio, gage, or pledge: 4. Eſtates by ſtatute merchant or ſtatute ſtaple: 5. Eſtates held by elegit.
I. Estates upon condition implied in law, are where a grant of an eſtate has a condition annexed to it inſeparably, from it's eſſence and conſtitution, although no condition be expreſſed in words. As if a grant be made to a man of an office, generally, without adding other words; the law tacitly annexes hereto a ſecret condition, that the grantee ſhall duly execute his office[2],
on
