...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,...

...person having a power, is made to grant, bargain, sell, alien, release, limit, appoint, and confirm the lands to A. and his heirs, to the use of B. and his heirs ; it may be contended, that the court would construe the words grant, bargain, sell, alien, release...

...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...

...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....

...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 :...

...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...

...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...

...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...

...determined upon, decided, that a Use could not be raised upon a Use (r) ; and that on a Feoffinent to A. and his Heirs, to the Use of B. and his Heirs, in Trust for C. and his Heirs, the Statute executed only the first Use, and that the second was a mere...