...testator. It is, 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....

...execution of UK*. pirst} if a feoffment or lease and release be made, a fine levied, or recovery suffered to A. and his heirs, to the use of B. and his heirs, until C. pay a sum of money, and then to the use of C. and his heirs; in this case the use (116.) *s...

...GIBBS J. The rule has been mifconceived. Though an eftate be devifed to A. and his heirs to the ufe of B, and his heirs, the Courts will not hold it to be a ufe executed, uulefs it appears by the whole will to be the teftator's intent that it (hould be executed....

...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...

...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...

...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 t/ of next September. This use is not contingent, nor is it a remainder...

...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, \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...

...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 the 2d...