ILLEGAL CONDITIONS AND LIMITATIONS: EFFECT OF ILLEGALITY

Authors

Olin L. Browder, Jr, University of OklahomaFollow

Abstract

IN earlier articles the writer undertook to explore that miscellaneous and somewhat neglected field of law in which public policy is held to nullify the efforts of persons to impose certain types of conditions and limitations on dispositions of their property.' Such provisions most commonly take the form either of conditions subsequent or executory limitations, but occasionally appear as conditions precedent or special limitations. Unlike provisions which run afoul of the rule against perpetuities or the rules against restraints on alienation, the provisions in question usually prescribe conduct on the part of beneficiaries which is not directly related to the use of the property conveyed or devised. In fact, a gift of property may be made merely to induce the conduct prescribed by the condition or limitation. Such a device is within the prerogatives accorded to testators and grantors, except where its effects are found to be contrary to the public interest. In the latter event the condition or limitation is held to be illegal and void.

Recommended Citation

Olin L. Browder, Jr, ILLEGAL CONDITIONS AND LIMITATIONS: EFFECT OF ILLEGALITY, 47 Mich. L. Rev. 759 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss6/3