...disquisition, held that there could not be a use upon a use, it followed that where a feoffment was made to A. and his heirs, to the use of B. and his heirs, to the use of, or in trust for, C. and his heirs ; this last use was a mere nullity, (Bl. B. 2. 336,...

...seems to have been paid to the difficulty suggested by an eminent writer (c), that, under a devise to A. and his heirs, to the use of B. and his heirs, if A. should die in the testator's lifetime, the devise to B. might possibly, under the Statute of...

...farther use to another person is repugnant, [ 336 and therefore void.6 And therefore, on a feoff'ment to A. and his heirs, to the use of B. and his heirs, in trust for C. and his heirs, they held that the statute executed only the first use, and that the...

...of, or upon confidence or trust for such former person and his heirs. Thus, if a feoffment be made to A. and his heirs, to the use of B. and his heirs, an estate in fee simple will now pass to B., as effectually as if the feoffment had been made directly...

...ultimate use or trust was limited (c). Thus if land were conveyed by feoffment or other mode of assurance to A. and his heirs to the use of B. and his heirs to the use of C. and his heirs (d) — Or to B. and his heirs to the use of B. and his heirs to the...

...conveyance, they being considered a mere conduitpipe to the uses. (1 Rep. 120.) Thus, under a limitation to A and his heirs, to the use of B and his heirs, the seisin is conveyed to A, the trustee, and out of his seisin the use is limited to B, and the instant...

...after the Statute of Uses had been passed, this contrivance was resorted to, — the estate was given to A. and his heirs to the use of B. and his heirs, to the use of, or in trust for, C. and his heirs. The common law judges, as probably had been anticipated...

...but holds feudally of a superior lord. (a). Before the Statute of Uses (6), if a feoffment were made to A. and his heirs to the use of B. and his heirs, it was understood that A. was to be the ostensible proprietor of the land and was to have the legal...

...bargain ami sale does not operate by transmutation of seisin or possession, and therefore if it be made to A. and his heirs, to the use of B. and his heirs, to ihe use of or in trust for C. and his heirs, A. will take tbe use, and consequently will have the...

...legal estate, and annihilating the intermediate estate of the feoffee ; so that if a feoffment was made to A. and his heirs, to the use of B. and his heirs, B., the cestui que use, became seised of the legal estate, by force of the statute. The legal estate...