Shifting Use
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
Such a use as takes effect in derogation of some other estate, and is limited expressly by the deed or is allowed to be created by some person named in the deed.
Gilb. Uses 152, n.; 2 Washb. R. P. 284.
For example, a feoffment in fee is made to the use of W and his heirs till A pays £40 to W, and then to the use of A and his heirs. A very common application is in the case of marriage settlements.
Wms. R. P., 16th ed. 330.
The doctrine of shifting uses furnished a means of evading the principle of law that a fee could not be limited after a fee.
See 2 Washb. R. P. 284; Wms. R. P. 330; 1 Spence, Eq. Jur. 452; 1 Vern. 402; 1 Edw. Ch. 34.