This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
In discussing estates for years, we adverted to the possibility of the termination of such an estate before its natural time of expiration by reason of the breach of a condition by the tenant,56 but, generally speaking, we have thus far considered estates in fee simple, in fee tail, for life, and for years, on the supposition that they will endure until their regular time for termination, as fixed by the character of the estate, that is, until the failure of heirs or heirs of the body, the death of the tenant or cestuw que vie, or the lapse of the term named, respectively. We will in this chapter consider such estates on the supposition that they may possibly, upon the happening er Co. v. Card, 84 Me. 528. 24 Atl. 960; Emmons v. Scudder, 115 Mass. 367; Walker Ice Co. v. American Steel & Wire Co., 185 Mass. 463, 70 N. E. 937.
54. Hately v. Myres, 96 111. App. 217; Hall v. Myers, 43 Md. 446; Shirk v. Hoffman, 57 Minn. 230, 58 N. W. 990; Wilgus v. Lewis, 8 Mo. App. 336; Critchfield v. Remaley, 21 Neb. 178, 31 N. W.
687; Baltimore Dental Ass'n v. Fuller, 101 Va. 627, 44 S. E. 771; Allen v. Bartlett, 20 W. Va. 46; Brown v. Kayser, 60 Wis. 1, 18 N. W. 523.
55. Gladwell v. Holcomb, 60 Ohio St. 427, 71 Am. St. Rep. 724, 54 N. E. 473. And see Adams v. City of Cohoes, 127 N. Y. 175, 28 N. E. 25.
56. See ante Sec. 56(f).
Of some contingency, be terminated before the time which the character of the estate, as being one in fee simple, fee tail, for life, or for years, would fix for its termination. An estate so liable to termination is, as we shall find, either an estate on condition subsequent, or an estate "on special limitation."57
An estate on condition may be defined as an estate which is subject, as regards its commencement or possible termination, to the occurrence of an event or the doing of an act, it being an estate on "condition precedent" if it is not to commence or "vest" until the occurrence of the event or the doing of the act, and an estate on "condition subsequent" if it is to terminate thereon, at the option of the creator of the estate or of his successor in interest, before its normal time of termination.