Use

Use Is not the thing itself or any part thereof, but is that which the thing will produce, 163 Mich. 353; that which the user is to enjoy, hold, occupy, and have the fruit thereof.

163 Mich. 556, 562.

In Lands. A confidence reposed in another, who was made tenant of the land, or terre tenant, that he would dispose of the land according to the intention of the cestui que use, or him to whose use it was granted, and suffer him to take the profits.

Plowd. 352; Gilb. Uses, 1; Bac. Law Tr. 150, 306; Cornish, Uses, 13; 1 Fonbl. Eq. 363; 2 Fonbl. Eq. 7; Saunders, Uses, 2; Co. Litt. 272b; 1 Coke, 121; 2 Bl. Comm. 328; 2 Bouv. Inst, note 1885 et seq.

A right in one person, called the cestui que use, to take the profits of land which another has the legal title and possession, together with the duty of defending the same, and of making estates thereof according to the direction of the cestui que itse. Uses were derived from the fidei commissa of the Roman law. It was the duty of a Roman magistrate, the praetor fidei commissarius, whom Bacon terms the particular chancellor for uses, to enforce the observance of this confidence.

Inst. 2. 23. 2.

They were introduced into England by the ecclesiastics in the reign of Edward