...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....

...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,...

...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 rule...

...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...

...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 At subject to a trust or equitable interest in favour...

...in the place of a former one : from which it follows, that if an appointment be made under a power to A. and his heirs, to the use of B. and his heirs ; it is a limitation of a use upon a use ; consequently B. only takes a trust estate. It is therefore...

...sometimes there may be a future use, which 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 of next September. This use is not contingent, nor is it a remainder :...

...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....

...remainder cannot take effect by way of use ; because there isno seisin to serve the use. But in the case of a devise to A. and his heirs, to the use of B. for life, remainder to the first and other sons of B. in tail, there is no reason why the seisin of...

...must be distinguished from mere authority, or a bargain and sale under the statute of inrolrnents, 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 the 2d...