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A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

estate, 1s one which having been limited by ‘deed, it expires or cannot vest; it then returns back to him who raised it, afler such expiration, or during such impossibility. When the legal seisin and possession of land is transferred by any common law conveyance, and no use is expressly declared, nor any consideration, nor evidence of intent to direct the use, such use shall result back to the original owner of the estate; for in such case, it cannot be supposed that it was intended to give away the estate..

2 Bl. Com. 385; Crinese, Dig. t. 11, c. 4, s.

20, et seq.; Bac. Tracts, Read. on Stat. of Uses, 361; Co. Litt. 23, a; Ib. 271, a; 2 Binn. R. 387; 3 John. R. 396. counsellor to manage a cause, when it is usual to give him a fee, called the retaining fee.