...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....

...of 1 Rich. 3. could not by any means extend. jSince the statute of uses, 27 Hen. 8. if an estate be conveyed to A. and his heirs, to the use of B.. and his heirs, in trust for C. and his heirs, the possession or legal estate is vested by virtue Of the statute in...

...use is vested by them in the appointee, and, therefore, when by them the lands are expressed to be conveyed to A. and his heirs, to the use of B. and his heirs, or to the use of B. for life, with remainders over, the whole legal fee is vested in A. and the uses...

...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...

...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...

...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...

...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...

...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...

...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...