LIMITATION

Restriction or circumspection; settling an estate or property; a certain time allowed by a statute for litigation. In estates. A limitation, whether made by the express words of the party or existing in intendment of law, circumscribes the continuance of time for which the property is to be enjoyed, and by positive and certain terms, or by reference to some event which possibly may happen, marks the period at which the time of enjoyment shall end. Prest. Estates, 25. And see Brattle Square Church v. Grant, 3 Gray (Mass.) 147, 63 Am. Dec. 725; Smith v. Smith, 23 Wis. 181, 99 Am. Dec. 153; Hoselton v. Hoselton, 166 Mo. 182, 65 S. W. 1005; Stearns v. Godfrey, 16 Me. 160. Conditional limitation. A condition followed by a limitation over to a third person in case the condition be not fulfilled or there be a breach of it. . A conditional limitation is where an estate is so expressly defined and limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail. 1 Steph. Comm. 309. Between conditional limitations and estates depending on conditions subsequent there is this difference: that in the former the estate determines as soon as the contingency happens; but in the latter it endures until the grantor or his heirs take advantage of the breach. Id. 310. Collateral limitation. One which gives an interest in an estate for a specified period, but makes the right of enjoyment to depend on some collateral event, as an estate to A. till B. shall go to Rome. Templeman v. Gibbs, 86 Tex. 358, 24 S. W. 792; 4 Kent, Comm. 128. Contingent limitation. When a remainder in fee is limited upon any estate which would by the common law be adjudged a fee tail, such a remainder is valid as a contingent limitation upon a fee, and vests in possession on the death of the first taker without issue living at the time of his death. Rev. Codes N. D. 1899,