Camp v. Cleary

Citations

• 76 Va. 140
• 1882 Va. LEXIS 11

Syllabus

<p>Conditional Limitation.—By deed dated 28th July, 1821, D granted, to take effect after his death, land whereon he had erected a mausoleum, to his grandson R for life, and after his death to such person as shall at that time answer the description of his heir-at-law, such person to take as purchaser under the deed, and not by inheritance as heir of R, on condition that if R shall ever sell, give, lease, mortgage, or in any way alien the land or any part thereof, or even attempt so to do, to any person whomsoever, then this deed should be void, and the land, together with two other lots conveyed to him in fee, shall revert to and vest in his sister E and her heirs forever. This condition R broke, and the heirs of E brought ejectment to recover it from those claiming under alienation by R.</p> <p>Held :</p> <p>1. This is a valid conditional limitation, which is defined tobe “acondition followed by a limitation over to a third person, in case the condition be not fulfilled or there be a breach of it.”</p> <p>2. There having 'been a breach of the condition on which R held the land, immediately the limitation over to E took effect, and E’s heirs have a right to recover it from R’s alienees.</p> <p>3. There is nothing in the law that prevents one man from limiting an estate to another until he alien it, or attempt to alien it, or until he become bankrupt or insolvent; and as soon as he aliens, or attempts to alien, or becomes a bankrupt or insolvent, that his estate shall cease and go to another.</p> <p>4. Power of alienation may be restricted to a limited extent, as to de-. signated persons; but absolute restraint is inadmissible, except as to the separate estates of married women. And so as to liability for debts (statutory exemptions aside).</p> <p>5. Qtlere.</p> <p>1. Can a condition not to alien be annexed to estates for life and for years? See 2 Minor’s Ins. 252.</p> <p>2. Can the founder of a trust secure its enjoyment to the objects of his bounty by providing th