About this book
My library
Books on Google Play
CHAP. I. Of Uses and Trusts, continued.
Of the alienation of Cestuique Use in remain-
der, &c. 43.
Of leases by Cestuique Use, 44.
Of devises by him, 44.
Of the feoffments, statutes merchant, &c. of
Cestuique Use, 44.
VII. The History of Uses, continued, 45 to 47.
VIII. The Statute 23 Hen. 8, c. 10. respecting Charitable Uses, 48.
Construction of it, 49.
IX. The Requisites to be observed in raising Uses, 50.
A person capable of standing seised to a Use, 51,
A person capable of taking the Use, 54.
A consideration or declaration, 55,
An hereditament, 58.
X. The Properties of a Use, 58.
It was descendible, 59.
devisable, 60,
alienable, 60.
Cestuique Use had neither jus in re nor ad
rem, 60.
He might have been sworn upon an inquest, 62.
The feoffee was complete owner at law, 62.
Uses differed in many instances from cases of posTM
session, 63.
XI. Statute 27 Hen. 8. c. 10. 64.
CHAP. II.
Of Uses since the Statute 27 Hen. 8. c. 10.
I. The Statute did not abolish the practice of conveying to
Uses, 80.
II. Of the Circumstances necessary to the Execution of Uses, 82.
A person seised to a Use or Trust, 82, 83.
Of Trusts, not strictly Uses, executed
by the Statute, 83 to 86,
An Hereditament, 100,
A Seisin in the Grantee to Uses, 101.
Of an actual seisin, co-extensive with
the Use, 102.
Of the possibility of seisin, or scintilla
juris, 103 to 107.
An actual Conveyance, 107 to 112.
III. As to the Effect of the Union of the Use and Possession,
In respect to the Grantee, 112.
In respect to the Cestuique Use, 113.
IV. Of Limitations, which correspond with the Rules of the com-.
mon Law,
In the creation of Estates for life, 115.
in fee-simple, ibid.
in tail, 116.
in common, 118.
CHAP. II. Of Uses since the Statute 27 Hen. 8. c. 10. continued.
As to the Cesser of the estate of tenant in tail,
during his life, 118.
Fractions in the limitation of Uses, 120.
Uses cannot be limited to abrogate the law, 121.
V. Of the Limitations of Uses, and Creation of legal Estates by
the Statute, which differ from the Rules of the
common Law.
Of Uses limited to, and legal Estates vested in,
Grantors by their own conveyances, 121.
Of Uses limited to the heirs of the body, or right
heirs, of the Grantor, so as to take by de-
scent or purchase, 123 to 127.
Of limiting the Use, by the habendum, to a per-
son not named in the premises of a deed, 127.
Of Uses limited in futuro, and to persons not in
esse, when no particular estate is expressly
limited, 128 to 139.
In what cases these future Uses
arise as remainders or springing
Uses, 130 et seq.
Of springing Uses after, or upon, a previous limit-
ation in fee-simple, 136.
In what cases these springing Uses
may be destroyed, 137 to 142.
Of springing Uses upon, or after, a previous limita-
tion in tail or for life, 142.
Of the distinction between shift.
ing Uses and conditional limita-
tions, 142 to 146.
Tenant in tail may bar shifting
Uses, 146.
Within what period a shifting Use
must take effect, 146.
Of shifting or springing Uses, arising upon the
execution of a power, 148.
They must arise out of a seisin,
not clothed with a legal estate
at the common law, 149 to 155.
As to the priority of powers of
leasing, &c. 158 to 162.
Powers collateral, 163.
relating to the land, 164.
appendant, 164.
in gross, 166.
VI, Effect of the Statute of Uses upon the Laws of Remitter,
Baron and Feme, 178 to 180.
Tenant for life, and remainder-
man, 180.
In what case a first declaration shall be controlled
by a second, 181 to 190.
When there are contradictory declarations of the
Use in the same conveyance, 190.
The construction upon, and effect of, the declara-
tion, 191.
No formal words are necessary,
ibid.
It must be certain, 192.
No consideration necessary, ibid.
Where it breaks the descent, ibid.
VIII. Of Uses and Trusts which are not executed by the Statute,
193.
Contingent Uses, 194 to 203.
Uses limited of copyhold estates, 203.
Devises to Uses, ibid.
Trusts to pay the profits, convey the estate, &c.
CHAP. III. Of Trusts since the Statute 27 Hen. 8. c. 10. continued,
Extent of the legal estate vested
in Trustees, under, or in conse
quence of, trusts of this descrip
tion, 207 to 210.
Terms of years and other chattel interests, 210,
Use upon a Use, 211,
!
CHAP. III.
Of Trusts since the Statute 27 Hen. 8. c. 10.
I. The Introduction and System of Trusts since the Statute, 212.
II. Definition of the several kinds of Trusts, 214.
Difference between a Trust and Equity of Re
demption, 214.
III. In what cases Trusts are governed by, or similar to, the Laws
relative to the legal Estate, 215.
Limitations of Trust Estates, 216.
Estates tail, 216,
Descent of Trust Estates, 217,
Trust Estates may be aliened, 218,
devised, ibid.
Execution may issue upon the Trust estate, ibid,
But not upon the Trust of a term
of years, or equity of redemp
tion, 219.
The Trust Estate is assets to pay debts, 220,
Is subject to an extent from the
crown, 221.
Is forfeited by the treason of Ces.
tuique Trust, 222,