...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....

...execution of UK*. pirst} if a feoffment or lease and release be made, a fine levied, or recovery suffered to A. and his heirs, to the use of B. and his heirs, until C. pay a sum of money, and then to the use of C. and his heirs; in this case the use (116.) *s...

...to the use of Л- and his heirs : — or to uses at common law ; — as where a feoffment was made to A. and his heirs, to the use of B. and his heirs, and D. devised the use. To uses of this description the statute extended ; but it is difficult to conceive...

...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 heirs, the legal estate will be vested in A., and B. wiW only take a trust. 10. In the case of a devise, the rule...

...kept in mind : and as often as in the exercise of a power to appoint to uses, an appointment is made to A and his heirs, to the use of B and his heirs, the legal estate must be considered as vested in A, subject to a trUst Or equitable interest in favour...

...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...

...sometimes there may be a future use, \vhich 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 tS 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...

...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 t/ of next September. This use is not contingent, nor is it a remainder...

...remainder cannot take effect by way of use ; because there isno seisin to serve the use. But in the case of a devise to A. and his heirs, to the use of B. for life, remainder to the first and other sons of B. in tail, there is no reason why the seisin of...