Shifting Use
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
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 (Sugden Ed.) 152, note; 2 Washb. Real Prop. 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.
Williams, Real Prop. 243.
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. Real Prop. 284 et seq.; Williams, Real Prop. 242; 1 Spence, Eq. Jur. 452; 1 Vern. 402; 1 Edw. Ch. 34; Plowd. 25; Poll. 65.
See "Use."
See Use.