...or other conveyance, whereby the feoffee or grantee is in by the common law, as where A doth infeoff B and his heirs to the use of B and his heirs, it is said such a proviso is merely repugnant and roid." It should seem, however, that Coke had not...

...Touchstone v, by way of illustration of the case stated by Coke, says, " As where A. doth en feoff B. and his heirs, " to the use of B. and his heirs:" but the writer, to whom I have alluded, seems to think, that Coke had no such case in contemplation;...

...declaration of use is considered as part of the limitation of the estate, as in the case of a grant by A. to B. and his heirs, to the use of B. and his heirs, for the lives of A. and B. without further limitation of use ; for in this case the grantee will be...

...declaration of use is considered as part of the limitation of the estate, as in the case of a grant by A. to B. and his heirs, to the use of B. and his heirs, for the lives of A. and B. without further limitation of use ; for in this case the grantee will be...

...irreconcilable with this doctrine; therefore qu1zre. (2) But by this is meant a statute use; for if A. enfeoff ' B. and his heirs to the use of B. and his heirs, the use will be executed at common law, and the proviso or power of revocation by the feoffor would...

...the conveyance, whereby the feoffee or grantee is in by the common law — as where A doth enfeoff B and his heirs to the use of B and his heirs — it is said, such a proviso is merely repugnant, and void.' It should seem, however, that Coke had...

...inception, made subservient to those uses. Upon the very same principle it is, that where A. conveys to B. and his heirs, to the use of B. and his heirs, but, on the birth of a son of B., to the use of such son and his heirs, or, from and after Christmas...

...heirs to the use of B. and his heirs to the use of C. in fee or for life with remainders over (e) — Or to B. and his heirs to the use of B. and his heirs, in trust to permit C. and D. to receive the rents (f) — In all these cases it has been held, that...

...other acts conferring authorities. But if such a bargain and sale be so made to and to the use of B and his heirs, by one entire clause, or to B and his heirs,...use repugnant. An alternate or shifting use is not open to this objection. But these positions cannot be passed without observation. 13. We have seen...

...shall appoint. A. sells to B., and exercises the power by conveying the estate to C. (as trustee for B.) and his heirs, to the use of B. and his heirs. In whom does the legal estate vest ? Ass. The legal estate vests in C., for the power of appointment...