Use

Originally a beneficial estate, like a trust; the terre-tenant or feoffees to uses having the legal title, and the cestui que use the beneficial interest.

The Statute of Uses, 27 Hen. VIII. 0.

10, converted the use into the legal estate, and gave rise to many new kinds of conveyances without livery of seisin. A use upon a use, as if land be conveyed to A to the use of B to the use of C, is not good, and B will have the legal estate; V.

Tyrrell's Case

Uses are present {executed), which vest immediately, or future {executory), which vest at some future time. Executory uses may be either springing (primary), which are to arise at some future time, there being no previous use; or shifting (secondary), which take effect in derogation of some preceding use. A contingent use is one which may never take effect. Uses are also express, by act of the parties; or implied; which latter may be either resulting or constructive; V. Trust. Thus, an estate is granted by A (without consideration) to B and his heirs to the use of C and his heirs on A's death; but if C die without issue at his death, then to the use of D. Here B has the legal estate, A a resulting use, C a springing use, and D a shifting use, which is also contingent. A's use is executed; all the others are executory. A constructive use: one raised by the law in modification or extension of an express use; as if a superstitious use were diverted to a charitable use. A charitable use: such a use as is authorized by the 43 Eliz. c. 4, and other statutes, in spite of the mortmain acts and the rule against perpetuities; such as uses for the maintenance of schools, hospitals, pubhc works, and other charities.