Springing Use
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
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.
Gilb. Uses (Sugden Ed.) 153, note; 2 Crabb, Real Prop. 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.
Dyer, 274; Poll. 65; 1 Edw. Ch. (N. Y.) 34; 4 Dru. & W. 27; 1 Mod. 238; 1 Me. 271.
It differs from an executory devise in that a devise is created by wiU, a use by deed. Fearne, Cont. Rem. 385 (Butler's note); Wilson, Uses. It differs from a shifting use, though often confounded therewith.
See, generally, 2 Washb. Real Prop. 281.
See "Use." SPULZIE (spolia Uo).
In Scotch law
The taking away movables without the con- SPURIUS CLrat.) In the civil law. A bas tard; the offspring of promiscuous cohabi tation, otherwise called vulgo quaesitus, or conceptus.
Inst. 1. 10. 12.
One born of an unlawful intercourse {ex nuptiis injustis, or ex damnato coitu).
Inst. 1. 10. 12; Bracton, fol. 63.