Executory Uses

Springing uses which confer a legal title corresponding to an executory devise. Thus, when a limitation to the use of A in fe« is defeasible by a limitation to the use of B to arise at a future period, contingency, or event, these contingent or springing uses differ herein from an executory devise: there must be a person seized to such uses at the time the contingency happens, else they can never be executed by the statute. Therefore, If the estate of the feoffee to such use be destroyed by alienation or otherwise, before the contingency arises, the use is destroyed forever; 1 Co. 134, 138; Cro. Eliz. 439; whereas by an executory devise the freehold itself is transferred to the future devisee. In both cases, a fee may be limited after a fee; 10 Mod. 423.