 | Edward Burtenshaw Sugden - 1808 - 652 pages
...testator. It is, 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 - 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... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1815 - 860 pages
...GIBBS J. The rule has been mifconceived. Though an eftate be devifed to A. and his heirs to the ufe of B, and his heirs, the Courts will not hold it to be a ufe executed, uulefs it appears by the whole will to be the teftator's intent that it (hould be executed.... | |
 | John Adams - 1818 - 466 pages
...widow's receipts, shewed that he did not intend to give her a legal estate ; and Gibbs, J. said, " The rule has been misconceived. Though an estate be...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 intent that it should be executed.... | |
 | Richard Preston - 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... | |
 | William Cruise - 1818 - 598 pages
...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... | |
 | Richard Preston - 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... | |
 | William Cruise - 1818 - 596 pages
...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... | |
 | Richard Preston - 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... | |
 | William Cruise - 1818 - 636 pages
...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... | |
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And therefore on a feoffment to A and his heirs, to the use of B and his heirs... 
