Home >> Cyclopedia-of-law-vol-10 >> Other Examples Where The to Whom The Covenant Benefits >> The Estate over in

The Estate over in a Con Ditional Limitation Is to Be Distin Guished from a Remainder


THE ESTATE OVER IN A CON DITIONAL LIMITATION IS TO BE DISTIN GUISHED FROM A REMAINDER. The estate over in a conditional limitation is not a remainder. A remainder is necessarily a part of the whole. At com mon law a fee could not be limited upon a fee, be cause a fee comprises the whole estate, and if the whole estate is granted there would be nothing left as a remainder. A grant of an estate in fee upon a con ditional limitation that the estate shall cease and go to a third person on the happening of an event, does not give the third person to whom the estate inay go a remainder, but only a contingency of receiving the entire fee upon the happening of the event.

AN ESTATE UPON CONDITIONAL LIMITATION DISTINGUISHED FROM AN ES TATE TAIL. An estate upon conditional limitation differs from an estate tail in this : that in an estate tail the ancestor has not parted with his entire estate, and upon failure of the designated heirs, the estate re verts, while in a conditional limitation, as we have seen, the ancestor or grantor has parted with his en tire estate.