| Edward Burtenshaw Sugden - Powers (Law) - 1808 - 652 pages
...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.... | |
| Francis Williams Sanders - Conveyancing - 1813 - 376 pages
...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... | |
| Sir Edward Coke - Land tenure - 1817 - 826 pages
...limitation of the use. Hence, if a person, having a power of appointment, appoints the estate to f/i. and his heirs, to the use of B. and his heirs, the use is executed in A. and his heirs, and B. takes only an equitable fee. Thus, suppose a marriage settlement... | |
| William Cruise - Real property - 1818 - 598 pages
...limitations were trusts. 9. 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 is the same. Thus... | |
| Richard Preston - Abstracts of title - 1818 - 486 pages
...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 of B. These observations,... | |
| William Cruise - Real property - 1818 - 636 pages
...limitations were trusts. 9. 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... | |
| John Adams - Ejectment - 1818 - 466 pages
...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... | |
| Richard Preston - Abstracts of title - 1818 - 486 pages
...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... | |
| Richard Preston - Abstracts of title - 1818 - 484 pages
...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... | |
| Richard Preston - Conveyancing - 1819 - 676 pages
...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 the 2d... | |
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