Springing Use

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.

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.

A use limited to arise on a ceding estate, and not to take effect in interest. deprivation of possession; of a stranger; the mutidone by one clerk or inof his benefice without; a disseisor; a destroyer party despoiled [forcibly derestored. thing violently or unlaw-; to stipulate or stipulate skill of his art; he engages manner. Do you undertake? I unstipulation. espousals; betrothment; affi- Sponsalia de f utaro: afterwards. Sponsalia de matrimony. Sponsalia futararum: spousals are or undertaking, particuformal interrogatory; an successful party in a causa engagement, — upon which states by agents not speof the authority under or present; a pecuniary over and above the orto marry. of a stream, flowing future event, without a prederogation of any preceding

A use limited to commence in future, independent of any preceding estate; also called an executory use, or executory interest. 2 Bl. Com. 334; Wms. R. P. Pt. H. oh. 3.

estates, is one to arise on a future event, when no preceding estate is limited, and does not take effect in derogation of any preceding interest. Example: a grant is made by A in fee, to the use of B in fee, after the fourth of July; no use arises till the limited period. The use in the mean time results to the grantor, who has a determinable fee. A springing use differs from a resulting use, (q. V.), or a shifting use, (q. v.) 4 Kent, Com. 292; Com. Dig. Uses, K 7; Wils. on Springing Uses; Corn. on Uses, 91.