e performance commodity or advantage.
Conditions may be either: (1) condition in a deed or _express_
condition, i.e. the condition being expressed in actual words; or (2)
condition in law or _implied_ condition, i.e. where, although no
condition is actually expressed, the law implies a condition. The word
is also used indifferently to mean either the event upon the happening
of which some estate or obligation is to begin or end, or the provision
or stipulation that the estate or obligation will depend upon the
happening of the event. A condition may be of several kinds: (1) a
condition _precedent_, where, for example, an estate is granted to one
for life upon condition that, if the grantee pay the grantor a certain
sum on such a day, he shall have the fee simple; (2) a condition
_subsequent_, where, for example, an estate is granted in fee upon
condition that the grantee shall pay a certain sum on a certain day, or
that his estate shall cease. Thus a condition precedent gets or gains,
while a condition subsequent keeps and continues. A condition may also
be _affirmative_, that is, the doing of an act; _negative_, the not
doing of an act; _restrictive, compulsory_, &c. The word is also used
adjectivally in the sense set out above, as in the phrases "conditional
legacy," "conditional limitation," "conditional promise," &c.; that is,
the legacy, the limitation, the promise is to take effect only upon the
happening of a certain event.
FOOTNOTE:
[1] The terminology used above has not been adopted by all logicians.
"Conditional" has been used as equivalent to "hypothetical" in the
widest sense (including "disjunctive"); or narrowed down to be
synonymous with "conjunctive" (the condition being there more
explicit), as a subdivision of "hypothetical."
CONDITIONAL FEE, at English common law, a fee or estate restrained in
its form of donation to some particular heirs, as, to the heirs of a
man's body, or to the heirs male of his body. It was called a
conditional fee by reason of the condition expressed or implied in the
donation of it, that if the donee died without such particular heirs,
the land should revert to the donor. In other words, it was a fee simple
on condition that the donee had issue, and as soon as such issue was
born, the estate was supposed to become absolute by the performance of
the condition. A conditional fee was converted by the statute _De Donis
Conditionalibus_ into an estat
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