* * yet in equity and under the civil law, though the condition is void the gift is good. "With respect to legacies out of personal estate, the civil law, which in this respect has been adopted by courts of equity, differs in some respects from the common law in its treatment of conditions precedent; the rule of the civil law being that where a condition precedent is originally impossible * or is illegal as involving malum prohibitum, the bequest is absolute, just as if the condition had been subsequent." (2 Jarm. Wills [6th Am. Ed.] 15. See, also, 2 Williams, Exrs. [7th Am. Ed.] 1264.) "When, however, the illegality of the condition does not concern any thing malum in se, but is merely against a rule or the policy of law, the condition only is void, and the bequest single and good." (1 Roper, Leg. 757.) With regard to conditions in restraint of marriage, and conditions not to dispute a will, see elaborate notes in 6 Gray's Cases on Property (1st Ed.) pp. 23-25; Id. (2d Ed.) pp. 31-33. INDEX [THE FIGURES REFER TO PAGES] ACCELERATION, 654. ACCUMULATIONS, Rule against perpetuities applied to, 1187. CHARITIES, Rule against perpetuities applied for, 1154. CHATTELS, REAL, Future interests in, 316. CHILDREN IN VENTRE SA MERE, When included in a gift to children "born" or "living" at a given period, CLASSES, Determination of, 580. Validity of limitations to, 229. CONDITIONAL ESTATES, Application of rule against perpetuities to, 959. Forfeiture of estate of inheritance on failure to alienate, 1276. Forfeiture of estate of inheritance on alienation, 1211. Illegal and impossible conditions, 1413. Illegal conditions, 1211. Mode of perfecting a forfeiture of, 21. Relief against forfeiture of, By license, 23. By waiver, 30. In equity, 47. Validity and construction, 1. Who may take advantage of the breach of condition, 16. CONDITIONAL LIMITATIONS, 64. CONDITIONS, Continuing breach, 38. Implied in case of leaseholds that tenant shall not repudiate tenancy, 4. Limitation upon suit for breach of, 44. Precedent to the taking effect of executory devises and bequests, 627. Relief in equity for breach of, 47. Tending to produce separation of husband and wife, 1419. Whether a condition or a covenant, 8. CONSTRUCTION, Acceleration, 654. Distributive, 567. Divesting contingencies and conditions precedent to the taking effect of Effect of failure of preceding interests for remoteness, 897. Effect on valid limitations of the failure of other limitations for remote- [The figures refer to pages] CONSTRUCTION-Continued, In default of appointment, 719. To issue, 538. On failure of issue, 516. Upon the death of a previous taker simpliciter or without children or Implication of cross-limitations, 570. Limitations to classes, 580. Meaning of "heirs" in a limitation to testator's "heirs" or to the "heirs" Principles of, 363. References to children "born" or "living" at a given period, 616. Remainders, whether vested or contingent, 155. "Survivor" construed "other," 401. Vesting of legacies, 428. What words exercise a power, 819. Words of limitation distinguished from words of condition, 21, Alienability of, 178. By execution sale, 185. Application of rule against perpetuities to, 969. Distinction between, and vested, 155. Conveyance of, set aside in equity, 186. Descent of, 184. Destructibility of, 80. Extinguishment of, by release, 185. Forfeiture on alienation of, 1250. Partition of, 229. Validity of, 80. DESCENT, Of contingent remainders, 184. DEVISE, Of right of entry for condition broken, 20. DISTRIBUTIVE CONSTRUCTION, 567. DESTRUCTIBILITY, RULE OF, Applied to contingent remainders, see Contingent Remainders. Whether applicable to interests after a freehold which may take effect as a remainder or as a shifting future interest, 120, 1059. EASEMENTS, see Rights in the Lands of Another. EQUITY, Relief against forfeiture, 47. Setting aside conveyance of future interests in, 186. ESCHEAT, 48. ESTATES, On condition, see Conditional Estates. Of inheritance, Forfeiture on alienation of, 1211. Forfeiture on failure to alienate, 1276. Indestructible trusts of, 1405. Restraints on alienation of, 1337. Spendthrift trusts of, 1399. [The figures refer to pages] ESTATES-Continued, Fee simple, Power to dispose of by life tenant, 840. Fee tail, Statutory remainder upon attempted creation of, 309. Interests subject to, and the rule against perpetuities, 1096. Forfeiture on alienation of, 1305. Implication of, 563. Implied condition that tenant will not repudiate tenancy, 4. EXECUTION SALE, Inalienability of contingent remainder by, 185. EXECUTORY DEVISE, 65, 126, 230, 247, 316. Construction of divesting contingencies and conditions precedent to the Effect on, of failure of preceding interest, 644. Effect of failure of, on preceding interest, 627. Gift over on intestacy and failure to alienate, 1276. EXECUTORY INTERESTS, 60. Not vested or contingent, but certain to take effect, 428. FEE SIMPLE, see Estates. FORFEITURE, Mode of perfecting, where estate conditional, 21. Of estates of inheritance on failure to alienate, 1276. Of estates of inheritance on alienation, 1211. On alienation of estates for life or years, 1305. Relief from, by license, waiver, and in equity, 23, 47. FREEHOLD INTERESTS SUBJECT TO A TERM, Distinction between, and reversions and remainders, 243. FUTURE INTERESTS, see Table of Contents. Conveyance of, when set aside in equity, 186. GIFTS OVER, Upon the death of a previous taker, 506. On failure of issue, 516. On intestacy or failure to alienate, 1276. HEIRS, Meaning of, in limitation to testator's "heirs" or "heirs" of a living per- ILLEGAL CONDITIONS AND RESTRAINTS, Forfeiture of estates of inheritance, On alienation, 1211. On failure to alienate, 1276. Forfeiture on alienation of estates for life or for years, 1305. |