Resulting Use

A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses without any declaration of the use. 2 Washb. Real Prop. 100. The doctrine, at first limited to the case of an apparently voluntary conveyance with no express declaration, became so exshould enjoy the beneficial interest therein; and if no intent to the contrary was expressed, and no consideration proved or implied, the use always resulted to the feoflfor. 2 Washb. Real Prop. 100. And if part only of the use was expressed, the balance resulted to the feoffor. 2 Atk. 150; 2 Rolle, Abr. 781; 1 Spence, Eq. Jur. 451; Co. Litt. 23a. And, under the statute, where a use has been limited by deed, and expires, or cannot vest, it results back to the one who declared it. 4 Wend. (N. Y.) 494; 15 Me. 414; 5 Watts & S. (Pa.) 323; 3 Johns. (N. Y.) 388. And see Cro. Jac. 200; White & T. Lead. Cas. 258; 2 Washb. Real Prop. 132 et seq. See "Use."

A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses without any declaration of the use. 2 Washb. R. P. 100. The doctrine, at first limited to the case of an apparently voluntary conveyance with no express declaration, became so extended that a conveyance of the legal estate ceased to imply an intention that the feoffee should enjoy the beneficial interest therein; and if no intent to the contrary was expressed, and no consideration proved or implied, the use always resulted to the feoffor; 2 Washb. R. P. 100. And if part only of the use was expressed, the balance resulted to the feoffor; 2 Atk. 150; 2 Rolle, Abr. 781; Co. Litt. 23 a. And, under the statute, where a use has been limited by deed and expires, or cannot vest, it results back to the one who declared it; Reformed Dutch Church v. Veeder, 4 Wend. (N. Y.) 494; Sevvall v. Cargill, 15 Me. 414; Ashhurst v. Given, 5 W. & S. (Pa.) 323. And see Cro. Jac. 200; Tudor, Lead. Cas. Eq. 258; 2 Washb. R. P. 132.

estate, 1s one which having been limited by ‘deed, it expires or cannot vest; it then returns back to him who raised it, afler such expiration, or during such impossibility. When the legal seisin and possession of land is transferred by any common law conveyance, and no use is expressly declared, nor any consideration, nor evidence of intent to direct the use, such use shall result back to the original owner of the estate; for in such case, it cannot be supposed that it was intended to give away the estate.. 2 Bl. Com. 385; Crinese, Dig. t. 11, c. 4, s. 20, et seq.; Bac. Tracts, Read. on Stat. of Uses, 361; Co. Litt. 23, a; Ib. 271, a; 2 Binn. R. 387; 3 John. R. 396. counsellor to manage a cause, when it is usual to give him a fee, called the retaining fee.