University of Missouri Bulletin Law Series


Earl F. Nelson

Document Type



Restraints on alienation are sought to be effected in two ways: First: No attempt is made to attach any character of inalienability to the estate, but it is given on the condition that it shall not be alienated, or until it is alienated; that is, it is subject either to a condition for the breach of which the grantor may enter, or to a limitation which, upon alienation, puts an end to it without entry. The owner of the estate may assign it as he pleases; he is not compelled to keep it against his will; but on assignment it is forfeited, or liable to forfeiture. Second: The estate may be declared inalienable. If this declaration is legally valid, then the holder of the estate cannot assign it; any attempted assignment is inoperative; the estate remains with him; he cannot rid himself of it.



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