Leonard v. Burr (18 N.Y. 96, 1858)

Strong, J.

The devise to Bailey is, by the terms of it, “ until Gloversville shall be incorporated as a village.” These words are part of the devise itself. The use of the land, which imports the land, is given to him until the happening of that event. The event was contingent when the will j was made, and at the death of the testator. Had the | will stopped here, in respect to a disposition of this land, no ¡one would doubt that the estate of Bailey would have been ¡limited in duration to the contingency mentioned. He j would have taken a base or qualified fee; an estate which I might have continued forever, but which would have been liable to determination by the occurring of the contingency, i The qualification to the devise would have createcf-W'hat is ’ termed in the books a collateral limitation, m'akifig the estate ^ determinable upon an event “ collateral to the time of its continuance.” (4 Kent's Com., 129; Fearne, ed. of 1826, 12 to 15, and notes.) Among the instances of collateral limitations are, to a man and his heirs, tenants of the manor of Dale; or to a woman during widowhood; or to G till the return of B from Rome; or until B shall have paid him twenty pounds. (4 Kent, 129; 1 Shep. Touch., 125; 2 Crabb's Law of Real Prop., §2135; 2 Bl. Com., 155; Fearne, 12, 13, and notes.) In respect to such limitations, the rule is, that “ the estate will determine as soon as the event arises, and it never can be revived.” (4 Kent, 129, and cases cited; Lewis on Perpet., 657 ; Crabb's Real Prop., § 2135.)

I am unable to see how the devise to Bailey, by the words'of the will giving him the use of the land until the event above specified, is affected, as to the duration of the estate, by any other part of the will. The devise over, in the same clause of the will—when Gloversville shall be incorporated—to the trustees of said village, to be disposed of for the purpose and with the proviso therein stated, is a further disposition of the land, to take effect upon the termination of the estate of Bailey. It was not intended thereby to abridge