Resulting Use
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses without any declaration of the use.
2 Washb. R. P. 100.
The doctrine, at first limited to the case of an apparently voluntary conveyance with no express declaration, became so extended that a conveyance of the legal estate ceased to imply an intention that the feoffee should enjoy the beneficial interest therein; and if no intent to the contrary was expressed, and no consideration proved or implied, the use always resulted to the feoffor; 2 Washb. R. P. 100. And if part only of the use was expressed, the balance resulted to the feoffor; 2 Atk. 150; 2 Rolle, Abr. 781; Co. Litt. 23 a. And, under the statute, where a use has been limited by deed and expires, or cannot vest, it results back to the one who declared it; Reformed Dutch Church v. Veeder, 4 Wend. (N. Y.) 494; Sevvall v. Cargill, 15 Me. 414; Ashhurst v. Given, 5 W. & S. (Pa.) 323.
And see Cro. Jac. 200; Tudor, Lead. Cas. Eq. 258; 2 Washb. R. P. 132.