case Com Winchelsea versus Wentworth all June in court Eq can ab pl S c post  case land be limit to the second son in fee provide that if the old son die  without issue the second son shall within six month after such death of the  old son pay S to the sister or in default thereof the land shall go to the  sister and her heir the old son die without issue the sister die within the  six month her heir and not her executor shall have the benefit of this devise  over the land in question be limit to John the second son subject to a proviso  that if his elder brother shall die without issue John shall pay the lady  Katherine pound within six month after the death of the elder brother nor in  default thereof that the land shall go to the lady Katherine and her heir the  elder brother die without issue and within three month afterward be before the  time for payment of the pound the lady Katherine die and John refuse to pay  the pound the principal question be between the heir and executor of the lady  Katherine videlicet whether this shall be take as a real estate and go to the  heir of the lady Katherine or be look on as a personal estate and only a  security for money she die before the time of payment and go to her executor  the Lord chancellor direct a case shall be state by a master for the judgement  of the court Vernon chancery case in argue of this case be cite the case of  pitcarne and and Wallis and Grimes where the court have relieve in like case  against the limitation over on payment of the money though after the day  Vernon chancery case er p but the Lord chancellor declare his opinion that the  court ought not to relieve in such case for that be to destroy the know and  common difference between a limitation and condition it will form a treatise  to show by what word in what particular case and under what circumstance a  distinction have be hold between condition and conditional limitation for the  lead book and case on this frequent important distinction vide pierce v Jones  vent Bacon Abr p h Blackst command wood Avelin v ware ves Hodgson v Rawson  ibidem and the case therein respective refer to from these case the follow  consequence as form a general doctrine seem to result saint that there be a  settle and know distinction between a limitation and a condition and that the  chief mark of that distinction be that in the case of a conditional limitation  the estate be limit over to a stranger and that estate expire and determine of  itself without any act as entry or claim to be do or make by he who have the  expectant interest but that in the case of a condition its effect be to give  title by the breach of it to the grantor or those claim under he in the  reversion and the estate do not determine or expire of itself but advantage  must be take of the breach of it by the grantor his heir or assign rd that  there be word that proper create or denote a condition as distinct from a  limitation that that there be case in which although there be express word of  condition they shall nevertheless be construe to be limitation see also on  this subject butler   Litt b note III