...however, indispensably necessary, that this point should be settled. Suppose an estate to be devised to A and his heirs, to the use of B and his hein, and A die in the testator's life time, is the devise void ? (f) 2 Lord Rajrn. $73, 2 Salk. 679....

...estate of ces" tuique use is the estate of the feoffee, and " more he cannot have." When a feoffment is made to A. and his heirs, to the use of B. and his heirs, or to the use of B. for life, with remainder to the use of C. in fee; here the seisin of A. is entire,...

...his heirs, to the use of Л- and his heirs : — or to uses at common law ; — as where a feoffment was made to A. and his heirs, to the use of B. and his heirs, and D. devised the use. To uses of this description the statute extended ; but it is difficult to conceive...

...constantly kept in mind : and as often as in the exercise of a power to appoint to uses, an appointment is made to A and his heirs, to the use of B and his heirs, the legal estate must be considered as vested in A, subject to a trUst Or equitable interest in favour...

...of parliament, as the land-tax acts, &c. passes a common law • Seisin, and a bargain and sale thus made to A• and his heirs, to the use of B and his heirs, passes a seisin to A and his heirs, and the use to B and his heirs will be executed by the statute....

...sometimes there may be a future use, \vhich is neither a remainder or contingency, as in a conveyance to A and his heirs, to the use of B, and his heirs, from and after the 29th day tS of next September. This use is not contingent, nor is it a remainder...

...a legal estate ; and Gibbs, J. said, " The rule has been misconceived. Though an estate be devised to A. and his heirs, to the use of B. and his heirs, the Courts will not hold it to be an use executed unless it appears by the whole will to be the testator's...

...Where lands are conveyed by covenant to stand seised, bargain and sale, or appointment under a power, to A. and his heirs, to the use of B. and his heirs, the legal estate will be vested in A., and B. wiW only take a trust. 10. In the case of a devise, the...

...Where lands are conveyed by covenant to stand seised, bargain and sale, or appointment under a power, to A. and his heirs, to the use of B. and his Tit. 32. c. 10 heirs, the legal estate will be vested in A., and B. will only take a trust. Hopkins...

...and must be distinguished from mere authority, or a bargain and sale underthe statute of inrolments, to A. and his heirs, to the use of B. and his heirs : the appointee or bargainee takes the first use, and the ulterior use is a mere trust ; an use in...