...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...

...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 and...

...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, 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...

...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...

...and must be distinguished from mere authority, or a bargain and sale underthe statute of inrolments, 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...

...under that statute, but leave it solely to its effect under the statutes of wills. But suppose a devise to A. and his heirs, to the use of B. and his heirs, that would be good to give the legal fee to B. as a limitation under the statute of uses. The testator...

...a legal estate ; and Gibbs, J. said, " The rule has heen 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...