Springing Use
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A use limited to arise on a future event where no preceding use is limited, and which does not take effect in derogation of any other interest than that which results to the grantor or remains in him in the meantime. Gilbert, Uses, Sugden ed.
153, n.; 2 Crabb, R. P. 498.
A future use, either vested or contingent, limited to arise without any preceding limitation.
Cornish, Uses 91.
It differs from a remainder in not requiring any other particular estate to sustain it than the use resulting to the one who creates it, intermediate between its creation and the subsequent taking effect of the springing use; Dy. 274; Pollexf.
6o; Mc Intyre v. Williamson 1 Edw. Ch. (N. Y.) 34; 4 Drur. & W. 27; Proprietors of Shapleigh v. Pilsbury, 1 Greenl. (Me.) 271.
It differs from an executory devise in that a devise is created by a shifting use, though often confounded therewith.
See, generally, 2 Washb. R. P. *281.