...for B. and his heirs, what estate, if any, does A. take ? If a gift be made unto and to the use of A. and his heirs to the use of B. and his heirs, what estate, if any, does A., take t By bargain and sale duly enrolled a fee simple estate is conveyed...

...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 appear by the whole will to be the testator's...

...laid down that there could not be a use upon a use. For instance, suppose a feoffment had been made to A. and his heirs, to the use of B. and his heirs, to the use of C. and his heirs, the doctrine was, that the use to C. and his heirs was a use T>na use,...

...of the statute, will run with that estate in the hands of an alienee. If, therefore, in a conveyance to A. and his heirs to the use of B. and his heirs, the covenants for title are entered into with B. and his heirs, they will pass with his estate in every...

...formed themselves into a regular system relating to equitable estates. Thus, if a feoffment were made to A. and his heirs to the use of B. and his heirs, equity compelled A. to hold the legal estate for B.'s benefit, whom they (a) The 8 & 9 Viet. o. 106,...

...have been after the statute, if the feofiment had been made directly and in that form; but a feoffment to A and his heirs to the use of B and his heirs until the happening of a certain event, and then to the use of C and his heirs, as it would have created...

...tenements, as well at law as in equity. A use upon a use is invalid. Suppose a conveyance had been made to A. and his heirs, to the use of B. and his heirs, to the use of C. and his heirs, C. takes no estate in law, for the use to him is a use upon a use....

...of the famous Statute of Uses (a). You know how it failed. The courts held, that if a man enfeoffed A and his heirs, to the use of B and his heirs, in trust for C and his heirs ; the statute turned the first use, viz. that in favour of B, into a legal...

...A springing use is a use limited in futnro, independently of any preceding estate. As if an estate is granted to A. and his heirs to the use of B. and his heirs at the death of C. Here, during C.'s life, a use results to the grantor ; but, on his death, the springing...

...decided that the statute did not execute a use limited upon a use ; that is to say, upon a feoffment to A. and his heirs, to the use of B. and his heirs, to the use or in trust for C., the statute executed the use in B., and invested him with the legal...