1883:
is invalid. A beneficiary must be an identifiable person born within the time span of the trust, and vest in it. All interests in a charitable trust, are subject to the rule with a few exceptions. A charitable trust which gives a gift from the first charity to a second charity on a condition precedent is not void by reason of the fact that the condition may not occur without the period of the Rule. (See
Example 2 below.) Property transferred from a non-charity and then left over to a second charity on a remote contingency is void. (See Example 3 below.)
1613:(1540). One of the effects of the Statute of Uses in executing the use, was to make a mere sale of land without feoffment (the formal public transfer) effective to pass the legal estate. The buyer became the owner by operation of the statute. It necessitated a public announcement of the intended sale to determine if the land had been surreptitiously sold to someone else. The Statute of Uses required a public registry of sale of land, later called the
1621:
considered a great failure. It did not wipe out double ownership, legal and equitable, which has survived into the modern system of trusts. The preamble of the
Statute went far in enumerating the abuses the system of uses had brought into play. The Statute did not, as had previously been suggested, try to remedy these abuses by declaring any uses void. It merely declared that the possession should be transferred to the use and that the
40:
1376:
to be the feoffee to unspecified uses to be announced at Martin's discretion. If Martin sold
Blackacre to Martha, but did not go through the formal routines of feoffment to complete the conveyance, Martha could not become the legal owner. But in equity, Martin held the land to the cestui que use of Martha. It would have been unconscionable for him to do otherwise having taken her money for the sale of Blackacre.
1103:. It was because the feoffor could impose on him many various duties that landowners acquired through his instrumentality the power to do many things with their land. This was used to avoid the rigidity of medieval common law of land and its uses. Germanic law was familiar with the idea that a man who holds property on account of, or to the use of another is bound to fulfill his trust. Frankish formulas from the
1524:
2571:
943:. Often B and C will be the same person and if so the two law French terms become synonyms. The duration of for life is not essential, it can be for a term of years, shorter time or for another living person's life, as main lawful examples. As those terms are dated and historic, though not entirely obsolete among some of the judiciary and book writers, the terms "
984:, which sought to end the relatively common practice of leaving real property (land, milling rights, markets, fisheries) to the Church (meaning any of its branches), on the tenant's death, so as to avoid dues (inquisitions post mortem) which could, unpaid, lead to reversion/repossession of the tenancy to the landlord. Two concepts explain the origin of
1465:. A change in the laws made feoffees the absolute owners of the property of which they had been enfeoffed, and they became subject to all the liabilities of ownership. They were the only ones who could take proceedings against those who interfered with their ownership. If a trespass had been committed with the license of the
1878:, where it is in effect, applies to both legal and equitable interests, created in trust. The rule varies from state to state. The common law rule may be stated, "No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the date of the creation of the interest."
1784:. On 30 October 1794, the State of Vermont passed a statute whereby the land of the Society would be appropriated by the state. The Supreme Court was divided in its opinion. It ruled that the property of English corporations at the time of the Revolution were protected by the Treaty of Peace, 1783. See
1430:, which dealt with equity law, involved land use. The incidents could not be enforced against a person who was on a Crusade or other war, or business adventure, as they were not present in the kingdom to be enforced to perform. Since the feudal oath was to the person, and not the land, there could be no
1916:
A wait and see approach time-fetters litigants seeking to void a trust on the grounds of a potential, later or residuary use invalidity, due to alleged perpetuity. Under this, the court may decide validity of future estates only once the prior estate has vested in another/ended and then tests whether
1752:
could not expropriate property of the formerly established
Episcopal Church or abolish its incorporation. At issue was a 516-acre (2.09 km) land grant which was given in deed of bargain and sale on 18 September 1770 by the direction of the then vestry of the church. The land had been conveyed to
1907:
Example 5: Martin leaves property to Joseph in trust to hold for the benefit of St. Vincent's Church if it should adopt a new liturgy proposed by the religious convention held in 1970. The gift is void. The contingency may not occur within the period of the Rule. There is no exception for a gift
1899:
Example 3: Beth leaves property in trust to hold for Mary's children for life and on the death of Mary's last surviving child, the property reverts to Mary's living female grandchildren. If no female grandchild is living, then the property reverts to the
Cathedral School for Girls. Mary is living
1891:
Example 1: Alex leaves property in trust to Bill to hold for the benefit of Alex's children during their lives and on the death of the last survivor of Alex's children, to distribute the principle to Alex's grandchildren then living. At Alex's death he has three children living, C1, C2 and C3. It
1563:, dismantled for building materials, or abandoned and allowed to degenerate into ruins. Claims of religious corruption were frequently used to justify reclamation by the Crown. Since many of these religious orders provided charity, much of the local medical and social services were left in disarray.
1375:
Example 5: Uses were so common by the middle of the fifteenth century that they were presumed to be in existence even if no intention could be proved. If Martin granted
Blackacre to Martha, and she could show no consideration (that is, that she paid for it), then Martha would be considered in equity
1882:
indicates a right to an interest in the trust. The rule is directed entirely against remoteness in vesting. An identification of the person whose interest is defined by the trust, must either vest or fail in a specified time. Any interest which may remain contingent beyond the period of the rule
1853:
and void. The limited (adverse) title to the land remains in the grantor and the grantee cannot maintain an action for breach of the covenant in the conveyance. The fact that the transaction was fair and bona fide (with no legal connection between the parties being at arm's length, without notice
1434:
against the land. A hallmark of medieval feudalism was the person-to-person oath of allegiance. Feudal incidents could not be enforced upon the beneficiaries, since these were not the owners of the land. The users had not sworn an oath to the lord. Therefore, they owed the lord nothing. They lacked
1367:
Example 4: If Mary wanted to make a will of the equitable ownership of
Blackacre, she would be able to do so by a grant to Richard to the use of herself, Mary. The ownership of Blackacre did not pass on Mary's death to her heir but went to wherever she might will it. By this method, Mary could keep
1352:
Example 1: Albert is the owner of a landholding called
Blackacre. He conveys this to Richard with the command that Richard hold the land with the duty not for Richard's benefit, but for a different purpose. This could be to do a job, such as collect rents and profits for the purpose of passing them
1009:
Creating a trust, again, allowed branches of the Church to farm the land beneficially, while the legal title (meaning right to transfer if needed and gain or lose in capital) belonged to a corporation of lawyers or other entities, with discretion to benefit the Church, so preserving the pre-Statute
1903:
Example 4: Albert leaves property to Thomas in trust to pay the income to St. Mark's Church so long as it conducts its regular services in accordance with the Book of Common Prayer, 1789 Version. If at any time in the future, it should discontinue to so conduct its services in such a manner, the
1819:
A group of German separatists settled land in Ohio. The lands were held in community, and there was a renunciation of individual property. All crops and goods were donated to the community. Later the community formally incorporated, using the terms of the previous unincorporated association. The
1363:
Example 3: If Mary wanted to grant
Blackacre away from her direct heir James to her younger son Jasper, then she might well do so by a grant of Richard to the use of Jasper in tail, remainder to James in fee simple. Only Richard had a legal estate, the interests of Jasper and James being equitable
1928:
was also instituted to mitigate the harshness of the common law rule against perpetuities. Cy-près means "as near as possible" or "as close as possible". Cy-près allows the court to reform the interest within the limits of the rule to approximate most closely the intention of the creator of the
1895:
Example 2: Alphonse leaves property to
Brandon in a trust to pay the income to St. John's Church, located in Anytown, so long as it conducts its regular services in accordance with the Book of Common Prayer, 1789 Version. If at any time it should discontinue this practice, then the trust income
1848:
A few American jurisdictions place unusual burdens on a purchaser to ensure their transaction will be upheld. A purchaser or grantee from a person whose land is adversely held is precluded from maintaining an action in their own name to oust the adverse possessor and any other legal possessor. A
1620:
Lord Hardwicke wrote that the Statute had no real effect other than to add at most three words to a conveyance. He was referring to the doctrine that had become settled before his time: that the old use might still be effected despite the Statute, by a "use on a use". The Statute of Uses had been
1807:
the United States Supreme Court decided the issue of title in an unincorporated Lutheran Church land. The land had been used as a cemetery. The fact that the land was held by a non-corporation was deficient at law. Nevertheless, equity permitted settlement of the title in the favor of the church
1064:
and Roman law is merely superficial. The transfer of land for the use of one person for certain purposes to be carried out either in the lifetime or after the death of the person conveying it has its basis in Germanic law. It was popularly held that land could be transferred for the use from one
1892:
is certain that the remainder to the grandchildren will vest at the death of one of the three whose life will span both the time of the creation of the interest (Alex's death) and the vesting of the interest (his own death). It is unnecessary to determine whether it will be C1, C2 or C3.
1669:, or whether he still retained some of the old powers he had before the Statute of Uses. What the majority judges sought in the case was just what the projectors of the present property reform in England were after, the free alienability of land.
1046:. These all tended to create a feoffment to one person for the use of another. Gilbert writes (also seen in Blackstone) "that they answer more to the fideicommissum than the usufructus of the civil law". These were transplanted into England from
1558:
in the courts, persuading judges to declare them illegal or void. By 1538–39, over 800 religious land holdings had been returned to the Crown. Many of these were subsequently sold, converted to private dwellings, given to loyal supporters of the
1245:
1904:
income passes to Robert, or Robert's heirs then living. The gift over is void because it may remain contingent for a period longer than the rule against perpetuities. It makes no difference that it is preceded by a gift to charity.
1471:
they could take proceedings against him, for he was at law only a tenant at sufferance. Similarly, feoffees were the only ones who could take the proceedings against tenants of the land to compel them to perform their obligations.
1272:, and other wars on the Continent, landowners might be gone for long periods of time. Others might be absent because of business adventures or religious pilgrimages. There was no assurance they would ever return home. The
977:, or a business venture), who held a tenancy in the land and in return owed feudal incidents (services) to the landlord. The land could be left for the use of a third party, who did not owe those incidents to the lord.
965:
s are rooted in medieval law, a legal device for avoiding feudal services (most forms of servitude) due to an overlord, by granting the land for the use of another, one who owed none of these to the lord. The law of
1409:
inheritance, or to ensure it in cases where the estate would be partitioned among heiresses when there is no son to inherit. While the use was intact, the occupant of the land could take advantage of the
972:
tended to defer jurisdiction to courts of equity as opposed to the less flexible common law courts. The device was often used by people who might be absent from the kingdom for an extended time (as on a
1379:
Example 6: Albert might convey Blackacre to Richard for the use of Jane. In this case, Richard was called the "feoffee or trustee ". This device (any trust) separated legal from beneficial ownership.
1416:
to avoid the feudal payments and duties (incidents). Incidents such as wardship, marriage penalties and other gifts, taxes, fines, fees, and knight service were onerous. This was particularly true of
994:
recognized by the common law) never dies, the land never leaves its "dead hand". Before this act, vast tracts land were left directly to the Church, which never relinquished it. Other land could be
1652:, is difficult to understand. The disposition and policy of the judges was to check contingent uses, which they deemed to be productive of mischiefs and tending to perpetuities. They regarded the
1447:
was of no avail. In 1402, the Commons had petitioned the king for a remedy against dishonest feoffees to uses, apparently with no result. A trust became a novel kind of property and property use.
1644:, and occurred fifty years after its enactment. This case was argued several times in front of several courts in England. It has been described as a judicial scrutiny of "use on a use".
1691:(Latin: a spark of right) is a legal fiction allowing feoffees to uses to support contingent uses when they come into existence, thereby to enable the Statute of Uses to execute them.
1854:
and for value) does not change the rule. It has been said that the common law doctrine is obsolete, not being suitable to conditions and circumstances of the people of this country.
1656:
as intending to extirpate uses, which were often found to be subtle and fraudulent contrivances. Their evident object was to restore the simplicity and integrity of the common law.
1518:
990:("dead hand"). First, it can be characterised as referring to the deceased donor and former owner, and their desire, in their Will that the Church inherit. Second, as the Church (a
1721:
the United States Supreme Court found that a Royal grant of land to the Church of England in the colony of New Hampshire was not completed. The grant had been made prior to the
1603:. Henry VIII got his incidences back. The land owner lost the ability to will the land to heirs other than those in direct lineage. There could be no bypassing of heirs with a
1175:. The goal was to obtain a conveyance of an estate to a friendly person or corporation, with the intent that the use of the estate would reside with the original owner.
576:
1405:
was a vehicle to defraud creditors. The main use was to leave land, or parts of land, to members of the family other than the primary heir. This was a way to avoid
1278:
allowed them to leave a trusted friend or relative with the sort of powers, discretions and they hoped, the duties. Today, this power would be called the "
2591:
1006:
to an over-lord or the Crown upon the death of the tenant. Church land had been a source of contention between the Crown and the Church for centuries.
2586:
1774:
looked at the issue of lands granted to an English corporate body, the "Society" which had a religious purpose. The land had been granted by King
1360:) granted Blackacre to Charles to the use of David, then David became the beneficial owner and Jane could not vary or detract from that ownership.
1426:
as such, and there was difficulty fitting these cases into the existing writs and case law. By the mid-fifteenth century most of the cases at
891:. In formal legal discourse it is often used to refer to the relative novelty of a trust itself, before that English term became acceptable.
1065:
person to another in local custom. The formal English or Saxon law did not always recognize this custom. The practice was called Salman or
569:
399:
1725:, and the State of Vermont, as successor to the English Crown, could claim the land and convey it to the town of Pawlet for schools. The
1917:
the interest violates the rule by the events which have actually happened rather than adjudicating on all the possibilities drawn up.
270:
2515:
Moody, Rossen and Sogg "Smith's Review, Wills, Trusts, Probate, Administration and the Fiduciary, Third Edition", West, 1982, p. 174
2497:
Moody, Rossen and Sogg "Smith's Review, Wills, Trusts, Probate, Administration and the Fiduciary, Third Edition", West, 1982, p. 174
859:
801:
758:
639:
1399:(1518) "It will be somewhat long and peradventure somewhat tedious to show all the causes particularly." By the fifteenth century,
1731:
nature of the trust which held the land was found to be void. The Episcopal Church in the town had no right or title to the land.
1353:
to a third person, Lucy. This was nothing more than a clever legal device with Richard playing either an active or passive role.
203:
562:
189:
1663:
was whether the Statute of Uses had reduced the feoffee to uses to a mere conduit pipe through which possession passed to the
1753:
Townsend Dade and James Wren, both of the county and 44 other church wardens, and to their successors in office in a form of
1514:
1097:
in the medieval period was the feoffee to uses, which, like the Salman, was held on account of another. This was called the
947:" – where a subdistinction is made: initial beneficiary and beneficiary in remainder – are current in general
1826:. The heirs of a deceased member of the Society of Separatists sued, seeking a portion of the lands held in community. In
493:
415:
277:
72:
31:
1808:
organization out of religious sensitivity and sensibility. There should be sentiments for the kindred of the deceased.
1831:
1789:
2610:
1722:
123:
1934:
1875:
1850:
1527:
925:
465:
196:
1420:, because most other feudal dues had fallen from practice by the late Middle Ages. Common law did not recognize
363:
1648:
argued for the defence. The case is replete with desultory and curious discussion which, in the opinion of
1487:, the plaintiff would have lost his action if he had not made a special replication setting out the facts.
1368:
her wishes secret until her death when her will would be read, and would prevail. This was a way to defeat
921:
ones such as any capital gain, of the property forming the trust assets. Two subsets, B and C, can exist:
1930:
1785:
1701:, and the trend towards modernity. Bacon suggested that Justice Coke had "ripped uses from their cradle".
1614:
472:
392:
351:
65:
1171:
was the product of Roman law. In England it was the invention of ecclesiastics who wanted to escape the
1051:
138:
1680:
1587:
became the holder of the legal title of the ownership in fee simple. This voided the advantages of a
1456:
1150:
1080:
441:
406:
319:
177:
1925:
1843:
1560:
1314:
1172:
1055:
981:
385:
358:
263:
1188:. They note that the word "use" as it was employed in medieval English law was not from the Latin
1395:
1019:
913:
is created. Any such person is, unless restricted by the trust instrument, fully entitled to the
448:
339:
245:
109:
56:
22:
924:
If land is granted to or held by A, for the use of B in trust for his life, with remainder to C
1866:
is not adverse to his trustee, and such possession will not void the latter to be champertous.
1345:
Derek Roebuck has given the following typical fact patterns which were often found in medieval
1212:. Although with time the Latin document for conveying land to the use of John would be written
2506:
Gray, "Rule Against Perpetuities, Fourth Edition", Little, Brown & Co. Boston, 1942 p. 191
1744:
1427:
1279:
312:
215:
164:
1792:. There could be no confiscations of such corporate holdings or lands because of the treaty.
1610:
1322:
1295:
1255:
818:
769:
729:
599:
307:
284:
116:
91:
2554:
Smith's Review, "Real and Personal Property, Conveyancing and Future Interests", Chapter XV
1653:
1641:
1572:
1545:
1318:
1047:
503:
477:
294:
238:
152:
145:
2302:
1 Co. Rep. 1136, 76 Eng. Rep. 261 K. B. 1594; also reported in 1 Co. 120, 1 Anderson 309
1649:
1251:
1043:
715:
550:
378:
346:
210:
84:
39:
2604:
2582:
2577:
1645:
1406:
1369:
1332:
1185:
1124:
460:
289:
233:
79:
1778:
of Great Britain in New Hampshire in 1761. It was held in corporation by a form of
1523:
1291:
991:
974:
918:
914:
545:
538:
508:
131:
1985:
Roebuck, Derek,'I wrote 'Cestui que use (pronounced 'setticky yuce') beneficiary'
1627:
should have the possession after such manner and form as he had before the use.
1575:
was enacted in 1535, and was intended to end the "abuses" which had incurred in
1549:
1531:
1326:
1287:
1283:
1128:
1104:
944:
703:
694:
498:
453:
224:
26:
1775:
1417:
1248:
1035:
1022:
quoting such scholars as Gilbert, Sanders, Blackstone, Spence and Digby, that
995:
699:
518:
258:
48:
1929:
interest. Both wait-and-see and cy-près approaches have been adopted by the
1443:, and therefore, ejectment could not be effected. These required possession.
2536:
Restatement, Second, Property sections 104–105 (Tentative Draft No. 2, 1979)
1946:
1444:
1244:
948:
910:
684:
424:
184:
96:
1834:
ruled that the descendant heirs of the deceased member could not recover.
1435:
the estate until the trust ended, if entitled to its residue. They had no
1196:
1190:
2545:
Leach, "Perpetuities: The Nutshell Revisited", 78 Harv. L. Rev. 973, 1965
1749:
1544:
and regain the incidents (fees and payments) that had been deprived him.
1440:
1269:
1068:
1039:
1003:
999:
528:
429:
1900:
at the time of Beth's death. The gift to the Cathedral School is void.
2595:. Vol. 5 (11th ed.). Cambridge University Press. p. 768.
1879:
434:
1600:
1436:
1114:
885:
are often interchangeable. In some medieval documents it is seen as
1054:
by means of foreign ecclesiastics who introduced them to evade the
1000:
inherited only through a family line (sometimes only the male line)
917:
interests such as annual rents/produce/interest, as opposed to the
2576:
This article incorporates text from a publication now in the
1522:
1243:
157:
726:. In contemporary English the phrase is also commonly pronounced
1695:
represented the turning point of the old medieval common law of
1431:
1298:
took vows of poverty, yet retained the use of donated property.
1083:
533:
1896:
reverts to St. Matthew's Church. This is a valid contingency.
1838:
United States case law of recovery from disseisee in cestui que
1759:
for the use and benefit of the said church in the said parish.
1207:
1201:
1154:
2527:
Merchant's National Bank v. Curtis, 98 NH, 97 A 2nd 207 (1953)
1772:
Society for the Propagation of the Gospel v. Town of New Haven
980:
Any such "in trust" legal status was partly to circumvent the
2028:
2026:
1028:
in English law had a Roman origin. An analogy exists between
848:
2273:
Percy Bordwell (1926), "The Repeal of the Statute of Uses",
1390:
In this context, the term is used to mean the trust itself.
1230:, the earliest history suggests the term "use" evolved from
1364:
analogues of a legal fee tail and fee simple in remainder.
1304:
allowed them the benefits of land without legal ownership.
839:
827:
793:
787:
778:
750:
744:
738:
631:
620:
608:
1764:
Society for Propagation of the Gospel v. Town of New Haven
1748:, the United States Supreme Court found that the State of
1325:, its legality was shaped indirectly by provisions within
845:
833:
1218:("for the work of John") which was interchangeable with
1820:
nature of the holding was in the form of a traditional
1969:
1967:
1519:
List of monasteries dissolved by Henry VIII of England
1262:
Many reasons have been given for the invention of the
1200:, meaning "work". From this came the Old French words
2488:
14 Am Jur 2nd "Champerty and Maintenance", section 13
2467:
14 AM Jur 2nd "Champerty and Maintenance", section 12
2434:
14 Am Jur 2nd "Champerty and Maintenance", section 12
860:
851:
836:
824:
821:
802:
790:
781:
775:
759:
747:
735:
640:
628:
617:
611:
605:
602:
2104:, Vol. 2, Cambridge University Press, p. 228 et seq.
830:
784:
741:
614:
842:
772:
732:
625:
1859:
1821:
1779:
1754:
1726:
1696:
1685:which Bacon called metaphysics of the worst kind.
1664:
1622:
1604:
1594:
1588:
1582:
1576:
1553:
1539:
1498:
1491:
1476:
1466:
1460:
1421:
1411:
1400:
1308:
1299:
1273:
1263:
1179:
1164:
1098:
1092:
1059:
1029:
1023:
985:
967:
960:
936:
929:
904:
886:
878:
871:
810:
721:
713:
707:
667:
660:
652:
590:
2286:Percy Bordwell (1921), "Seisin and Disseisin",
1505:more cumbersome and economically unattractive.
1079:is German for "transfer". It is related to the
1258:, donated by Amicia, Countess of Devon in 1278
706:invention, which appears in the legal phrases
16:Concept in English law regarding beneficiaries
2523:
2521:
2161:(2nd ed.), Oxford University Press, pp. 75–80
570:
8:
1074:
1066:
1686:
1678:
1482:
1330:
1231:
1225:
1219:
1213:
1144:
1138:
1132:
1118:
1108:
1107:period describe property given to a church
1058:. Others argue that the comparison between
673:
1356:Example 2: If Jane (women could engage in
1307:Besides the obvious limitations placed on
909:is the person for whose benefit (use) the
577:
563:
18:
2380:Beatty v. Kurtz, 27 US (2 Pet.) 566, 1829
2135:(2nd ed.), Oxford University Press, p. 75
1887:Examples of the rule against perpetuities
1534:monastery dissolved by Henry VIII in 1539
1490:The purpose of these changes was to make
1973:
1593:. The feoffee to uses was bypassed. The
2389:Goesele v. Bimeler, 55 US (14 How.) 589
1963:
1870:United States rule against perpetuities
1455:Concerted efforts were made under King
1117:books in the ninth century convey land
692:; in modern terms, it corresponds to a
669:cestui a que use le feoffment fuit fait
516:
485:
414:
223:
55:
21:
2148:, Brown, Little & Co., pp. 410–411
2002:, Brown, Little & Co., pp. 410–411
2182:Year Book 10 Henry VII, Pasch. pl. 12
1908:to charity under such circumstances.
1677:. The case turned on the doctrine of
1609:. This condition was modified in the
683:the person for whose use/benefit the
7:
1475:If a debt was brought for rent by a
2264:Holdsworth, vol. 4 pp. 455–456, 578
1581:. It declared that any holder of a
1153:speak of the sheriff holding money
1137:("for the use of the king"), or in
14:
2218:Year Book 2 Henry VII Mich pl. 18
2170:Christopher St. Germaine (1518),
1640:was the first application of the
1194:, but rather from the Latin word
1149:("of the viscount"). The laws of
2569:
2241:The Background of the Common Law
2191:Year Book 5 Henry VII, Hil. pl 4
2159:The Background of the Common Law
2133:The Background of the Common Law
1987:The Background of the Common Law
1050:about the close of the reign of
817:
768:
728:
598:
204:Acts of independent significance
38:
1484:nihil habuit tempore dimissions
1014:History in German and Roman law
494:Advance directive (Living will)
393:Hague Convention (conflict law)
1515:Dissolution of the Monasteries
1268:as a legal device. During the
1178:Pollock and Maitland describe
1123:("for the use of monks"). The
1113:("for the use of its saint").
1:
2200:S. C. Henry VII, Mich. pl. 18
2100:Pollock and Maitland (1968),
1538:Henry VIII sought to end all
1184:as the first step toward the
1159:("for the use of the king").
666:) is a shortened version of "
2446:, 170 Tenn 10, 91 SW 2nd 291
2425:, 182 Okla 453, 78 P 2nd 415
2341:, 13 US (9 Cranch) 292, 1815
1481:, and the defendant pleaded
1282:". Religious orders such as
271:Accumulation and maintenance
73:Joint wills and mutual wills
2479:, 32 Ky LR 1281, 108 SW 288
2353:, 13 US (9 Cranch) 43, 1815
2032:Holdsworth, W., pp. 410–411
1849:conveyance of such land is
1832:United States Supreme Court
1790:Treaty of Versailles (1783)
1254:, established on land near
1091:The earliest appearance of
2627:
2444:Kitchen-Miller Co. v. Kern
2362:21 US (* Wheat.) 464, 1832
2228:Re Lord Decre of the South
2053:Holdworth, W.; pp. 410–411
1860:
1841:
1723:American Revolutionary War
1548:and Audley, who succeeded
1512:
1499:
937:
879:
124:Incorporation by reference
2320:4 Kent's Com. 238 et seq.
1935:rule against perpetuities
1876:rule against perpetuities
1874:In the United States the
1659:The great controversy in
1341:Typical medieval patterns
1224:, or the fuller formula,
1127:refers to geld or money,
928:, A is the trustee, B is
2413:, 133 Ky 411, 118 SW 271
2401:, 94 Fla 457, 113 So 722
2146:A History of English Law
2000:A History of English Law
809:. According to Roebuck,
400:Application in civil law
197:Satisfaction of legacies
2592:Encyclopædia Britannica
2339:Town of Pawlet v. Clark
2255:, 1 Atk. 580, 591, 1783
2239:Roebuck, Derek (1990),
2209:Holdsworth, pp. 427–430
2157:Roebuck, Derek (1990),
2144:Holdsworth, W. (1927),
2131:Roebuck, Derek (1990),
2020:Blackstone ii, 327, 328
1998:Holdsworth, W. (1927),
1822:
1780:
1755:
1727:
1719:Town of Pawlet v. Clark
1711:Town of Pawlet v. Clark
1697:
1665:
1623:
1605:
1595:
1589:
1583:
1577:
1554:
1540:
1492:
1477:
1467:
1461:
1422:
1412:
1401:
1309:
1300:
1274:
1264:
1208:
1202:
1180:
1165:
1155:
1099:
1093:
1084:
1060:
1030:
1024:
986:
968:
961:
930:
905:
887:
872:
811:
722:
714:
708:
668:
661:
653:
591:
2458:, 20 NM 348, 149 P 302
2300:In re Chudleigh's Case
2102:History of English Law
1933:as to the traditional
1931:American Law Institute
1786:Treaty of Paris (1783)
1687:
1679:
1638:In re Chudleigh's Case
1632:In re Chudleigh's Case
1615:Statute of Enrollments
1535:
1528:St. Mary's Abbey, York
1483:
1331:
1259:
1232:
1226:
1220:
1214:
1195:
1189:
1162:Others state that the
1145:
1139:
1133:
1119:
1109:
1075:
1067:
1042:) or the bequest of a
473:Disclaimer of interest
278:Interest in possession
66:Legal history of wills
2423:Setterstrom v. Phelan
1989:, Oxford, 1990, Index
1552:, vigorously crushed
1526:
1247:
1110:ad opus sancti illius
1052:Edward III of England
1018:It is the opinion of
996:transferred to anyone
895:Two subcategories of
416:Estate administration
334:Reversionary interest
139:Testamentary capacity
2122:Pollock and Maitland
1803:In the 1829 case of
1742:In the 1815 case of
1717:In the 1815 case of
1675:Case of Perpetuities
1673:became known as the
1630:
1386:as a method of fraud
1151:William I of England
1143:("of the queen") or
442:Power of appointment
407:Dishonest assistance
178:Lapse and anti-lapse
172:Property disposition
2477:Behrens v. Crawford
2399:Farrington v. Greer
2243:, Oxford, pp. 78–80
1844:bona fide purchaser
1705:United States cases
1561:English Reformation
1315:Statute of Mortmain
1173:Statute of Mortmain
1056:Statute of Mortmain
982:Statute of Mortmain
702:phrase of medieval
373:Governing doctrines
2288:Harvard Law Review
2275:Harvard Law Review
2253:Hopkins v. Hopkins
2172:Doctor and Student
2089:Trustee's Handbook
1828:Goesele v. Bimeler
1813:Goesele v. Bimeler
1536:
1396:Doctor and Student
1260:
1240:Medieval invention
1227:ad opus et ad usum
1120:ad opus monachorum
1020:William Holdsworth
449:Simultaneous death
364:Supplemental needs
110:Attestation clause
2611:Legal terminology
2351:Terrett v. Taylor
2329:7 Bacon, 617, 618
2290:34, pp. 592, 599.
2113:L. Q. R. iii. 116
2074:Fletcher (1920),
2042:Legis Wilhelmus I
2011:Gilbert, ed. 1811
1912:Wait and see rule
1770:The 1823 case of
1745:Terrett v. Taylor
1736:Terrett v. Taylor
1280:power of attorney
992:nonnatural person
955:Original purposes
587:
586:
216:Pretermitted heir
165:No-contest clause
2618:
2596:
2575:
2573:
2572:
2555:
2552:
2546:
2543:
2537:
2534:
2528:
2525:
2516:
2513:
2507:
2504:
2498:
2495:
2489:
2486:
2480:
2474:
2468:
2465:
2459:
2453:
2447:
2441:
2435:
2432:
2426:
2420:
2414:
2408:
2402:
2396:
2390:
2387:
2381:
2378:
2372:
2369:
2363:
2360:
2354:
2348:
2342:
2336:
2330:
2327:
2321:
2318:
2312:
2309:
2303:
2297:
2291:
2284:
2278:
2271:
2265:
2262:
2256:
2250:
2244:
2237:
2231:
2225:
2219:
2216:
2210:
2207:
2201:
2198:
2192:
2189:
2183:
2180:
2174:
2168:
2162:
2155:
2149:
2142:
2136:
2129:
2123:
2120:
2114:
2111:
2105:
2098:
2092:
2085:
2079:
2072:
2066:
2060:
2054:
2051:
2045:
2039:
2033:
2030:
2021:
2018:
2012:
2009:
2003:
1996:
1990:
1983:
1977:
1971:
1926:Cy-près doctrine
1863:
1862:
1857:Possession by a
1825:
1783:
1758:
1730:
1700:
1693:Chudleigh's Case
1690:
1684:
1671:Chudleigh's Case
1668:
1661:Chudleigh's Case
1626:
1611:Statute of Wills
1608:
1598:
1592:
1586:
1580:
1557:
1543:
1502:
1501:
1496:in general, and
1495:
1486:
1480:
1470:
1464:
1425:
1415:
1404:
1336:
1323:Statute of Wills
1312:
1303:
1296:mendicant orders
1277:
1267:
1256:Yelverton, Devon
1235:
1229:
1223:
1221:ad usum Johannis
1217:
1215:ad opus Johannis
1211:
1205:
1183:
1168:
1158:
1148:
1142:
1136:
1122:
1112:
1102:
1096:
1087:
1078:
1072:
1063:
1033:
1027:
989:
971:
964:
940:
939:
933:
908:
890:
882:
881:
875:
867:
863:
858:
857:
854:
853:
850:
847:
844:
841:
838:
835:
832:
829:
826:
823:
814:
805:
800:
799:
796:
795:
792:
789:
786:
783:
780:
777:
774:
762:
757:
756:
753:
752:
749:
746:
743:
740:
737:
734:
725:
719:
711:
709:cestui que trust
691:
688:
681:
678:
675:
671:
664:
656:
647:
643:
638:
637:
634:
633:
630:
627:
623:
622:
619:
616:
613:
610:
607:
604:
594:
579:
572:
565:
386:Cy-près doctrine
352:Asset-protection
117:Residuary clause
92:Holographic will
42:
19:
2626:
2625:
2621:
2620:
2619:
2617:
2616:
2615:
2601:
2600:
2599:
2585:, ed. (1911). "
2581:
2570:
2568:
2564:
2559:
2558:
2553:
2549:
2544:
2540:
2535:
2531:
2526:
2519:
2514:
2510:
2505:
2501:
2496:
2492:
2487:
2483:
2475:
2471:
2466:
2462:
2456:Gurule v. Duran
2454:
2450:
2442:
2438:
2433:
2429:
2421:
2417:
2409:
2405:
2397:
2393:
2388:
2384:
2379:
2375:
2370:
2366:
2361:
2357:
2349:
2345:
2337:
2333:
2328:
2324:
2319:
2315:
2310:
2306:
2298:
2294:
2285:
2281:
2272:
2268:
2263:
2259:
2251:
2247:
2238:
2234:
2226:
2222:
2217:
2213:
2208:
2204:
2199:
2195:
2190:
2186:
2181:
2177:
2169:
2165:
2156:
2152:
2143:
2139:
2130:
2126:
2121:
2117:
2112:
2108:
2099:
2095:
2087:Loring (1900),
2086:
2082:
2073:
2069:
2062:Bogert (1921),
2061:
2057:
2052:
2048:
2040:
2036:
2031:
2024:
2019:
2015:
2010:
2006:
1997:
1993:
1984:
1980:
1972:
1965:
1960:
1955:
1943:
1923:
1914:
1889:
1872:
1846:
1840:
1817:
1805:Beatty v. Kurtz
1801:
1797:Beatty v. Kurtz
1768:
1740:
1715:
1707:
1698:cestui que uses
1688:Scintilla juris
1681:scintilla juris
1654:Statute of Uses
1642:Statute of Uses
1635:
1573:Statute of Uses
1569:
1567:Statute of Uses
1555:cestui que uses
1546:Thomas Cromwell
1541:cestui que uses
1521:
1513:Main articles:
1511:
1453:
1423:cestui que uses
1388:
1343:
1319:Statute of Uses
1242:
1048:Roman civil law
1016:
957:
901:
865:
861:
820:
816:
803:
771:
767:
760:
731:
727:
689:
682:
679:
676:
645:
641:
624:
601:
597:
583:
504:Forced heirship
478:Inheritance tax
370:
299:
250:
169:
153:Insane delusion
146:Undue influence
128:
101:
29:
17:
12:
11:
5:
2624:
2622:
2614:
2613:
2603:
2602:
2598:
2597:
2587:Cestui, Cestuy
2583:Chisholm, Hugh
2565:
2563:
2560:
2557:
2556:
2547:
2538:
2529:
2517:
2508:
2499:
2490:
2481:
2469:
2460:
2448:
2436:
2427:
2415:
2403:
2391:
2382:
2373:
2364:
2355:
2343:
2331:
2322:
2313:
2304:
2292:
2279:
2266:
2257:
2245:
2232:
2220:
2211:
2202:
2193:
2184:
2175:
2163:
2150:
2137:
2124:
2115:
2106:
2093:
2080:
2067:
2055:
2046:
2034:
2022:
2013:
2004:
1991:
1978:
1962:
1961:
1959:
1956:
1954:
1951:
1950:
1949:
1942:
1939:
1922:
1919:
1913:
1910:
1888:
1885:
1871:
1868:
1842:Main article:
1839:
1836:
1823:cestui que use
1816:
1810:
1800:
1794:
1767:
1761:
1739:
1733:
1714:
1708:
1706:
1703:
1666:cestui que use
1650:Lord Hardwicke
1634:
1629:
1624:cestui que use
1596:cestui que use
1590:cestui que use
1584:cestui que use
1578:cestui que use
1568:
1565:
1510:
1507:
1500:cestui que use
1478:cestui que use
1468:cestui que use
1452:
1449:
1413:cestui que use
1402:cestui que use
1387:
1381:
1358:cestui que use
1347:cestui que use
1342:
1339:
1301:Cestui que use
1275:cestui que use
1265:cestui que use
1252:Buckland Abbey
1241:
1238:
1181:cestui que use
1166:cestui que use
1100:cestui que use
1044:fideicommissum
1015:
1012:
956:
953:
931:cestui que use
900:
893:
873:Cestui que use
815:is pronounced
812:Cestui que use
723:cestui que vie
716:cestui que use
585:
584:
582:
581:
574:
567:
559:
556:
555:
554:
553:
548:
542:
541:
536:
531:
523:
522:
514:
513:
512:
511:
506:
501:
496:
488:
487:
486:Related topics
483:
482:
481:
480:
475:
469:
468:
463:
457:
456:
451:
445:
444:
438:
437:
432:
427:
419:
418:
412:
411:
410:
409:
403:
402:
396:
395:
389:
388:
382:
381:
379:Pour-over will
369:
368:
367:
366:
355:
354:
349:
343:
342:
336:
335:
331:
330:
326:
325:
322:
320:Life insurance
316:
315:
310:
298:
297:
292:
287:
281:
280:
274:
273:
267:
266:
261:
249:
248:
242:
241:
236:
228:
227:
221:
220:
219:
218:
213:
211:Elective share
207:
206:
200:
199:
193:
192:
187:
181:
180:
168:
167:
161:
160:
155:
149:
148:
142:
141:
127:
126:
120:
119:
113:
112:
100:
99:
94:
88:
87:
82:
76:
75:
69:
68:
60:
59:
53:
52:
44:
43:
35:
34:
15:
13:
10:
9:
6:
4:
3:
2:
2623:
2612:
2609:
2608:
2606:
2594:
2593:
2588:
2584:
2579:
2578:public domain
2567:
2566:
2561:
2551:
2548:
2542:
2539:
2533:
2530:
2524:
2522:
2518:
2512:
2509:
2503:
2500:
2494:
2491:
2485:
2482:
2478:
2473:
2470:
2464:
2461:
2457:
2452:
2449:
2445:
2440:
2437:
2431:
2428:
2424:
2419:
2416:
2412:
2411:Meade v. Ruff
2407:
2404:
2400:
2395:
2392:
2386:
2383:
2377:
2374:
2368:
2365:
2359:
2356:
2352:
2347:
2344:
2340:
2335:
2332:
2326:
2323:
2317:
2314:
2311:27 Henry VIII
2308:
2305:
2301:
2296:
2293:
2289:
2283:
2280:
2276:
2270:
2267:
2261:
2258:
2254:
2249:
2246:
2242:
2236:
2233:
2229:
2224:
2221:
2215:
2212:
2206:
2203:
2197:
2194:
2188:
2185:
2179:
2176:
2173:
2167:
2164:
2160:
2154:
2151:
2147:
2141:
2138:
2134:
2128:
2125:
2119:
2116:
2110:
2107:
2103:
2097:
2094:
2090:
2084:
2081:
2077:
2071:
2068:
2065:
2064:Law of Trusts
2059:
2056:
2050:
2047:
2043:
2038:
2035:
2029:
2027:
2023:
2017:
2014:
2008:
2005:
2001:
1995:
1992:
1988:
1982:
1979:
1975:
1974:Chisholm 1911
1970:
1968:
1964:
1957:
1952:
1948:
1945:
1944:
1940:
1938:
1936:
1932:
1927:
1920:
1918:
1911:
1909:
1905:
1901:
1897:
1893:
1886:
1884:
1881:
1877:
1869:
1867:
1865:
1855:
1852:
1845:
1837:
1835:
1833:
1829:
1824:
1814:
1811:
1809:
1806:
1798:
1795:
1793:
1791:
1787:
1782:
1777:
1773:
1765:
1762:
1760:
1757:
1751:
1747:
1746:
1737:
1734:
1732:
1729:
1724:
1720:
1712:
1709:
1704:
1702:
1699:
1694:
1689:
1683:
1682:
1676:
1672:
1667:
1662:
1657:
1655:
1651:
1647:
1646:Francis Bacon
1643:
1639:
1633:
1628:
1625:
1618:
1616:
1612:
1607:
1602:
1597:
1591:
1585:
1579:
1574:
1566:
1564:
1562:
1556:
1551:
1547:
1542:
1533:
1529:
1525:
1520:
1516:
1508:
1506:
1504:
1494:
1488:
1485:
1479:
1473:
1469:
1463:
1458:
1450:
1448:
1446:
1442:
1438:
1433:
1429:
1424:
1419:
1414:
1408:
1407:primogeniture
1403:
1398:
1397:
1391:
1385:
1382:
1380:
1377:
1373:
1372:inheritance.
1371:
1370:primogeniture
1365:
1361:
1359:
1354:
1350:
1348:
1340:
1338:
1335:
1334:
1333:Quia Emptores
1328:
1324:
1320:
1316:
1311:
1305:
1302:
1297:
1293:
1289:
1285:
1281:
1276:
1271:
1266:
1257:
1253:
1250:
1246:
1239:
1237:
1234:
1228:
1222:
1216:
1210:
1204:
1199:
1198:
1193:
1192:
1187:
1186:law of agency
1182:
1176:
1174:
1170:
1167:
1160:
1157:
1152:
1147:
1141:
1135:
1134:ad opus regis
1130:
1126:
1125:Domesday Book
1121:
1116:
1111:
1106:
1101:
1095:
1089:
1088:, "to sell".
1086:
1082:
1077:
1071:
1070:
1062:
1057:
1053:
1049:
1045:
1041:
1037:
1032:
1026:
1021:
1013:
1011:
1007:
1005:
1001:
997:
993:
988:
983:
978:
976:
970:
963:
954:
952:
950:
946:
942:
932:
927:
922:
920:
916:
912:
907:
899:(beneficiary)
898:
894:
892:
889:
884:
874:
869:
868:
856:
813:
808:
807:
798:
765:
764:
755:
724:
718:
717:
710:
705:
701:
697:
696:
686:
670:
665:
663:
657:
655:
649:
648:
636:
595:
593:
580:
575:
573:
568:
566:
561:
560:
558:
557:
552:
549:
547:
544:
543:
540:
537:
535:
532:
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484:
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461:Laughing heir
459:
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359:Special needs
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333:
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329:Life interest
328:
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264:Discretionary
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80:Will contract
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41:
37:
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33:
28:
24:
20:
2590:
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2493:
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2463:
2455:
2451:
2443:
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2430:
2422:
2418:
2410:
2406:
2398:
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2338:
2334:
2325:
2316:
2307:
2299:
2295:
2287:
2282:
2277:39, 466–484.
2274:
2269:
2260:
2252:
2248:
2240:
2235:
2227:
2223:
2214:
2205:
2196:
2187:
2178:
2171:
2166:
2158:
2153:
2145:
2140:
2132:
2127:
2118:
2109:
2101:
2096:
2088:
2083:
2076:Corporations
2075:
2070:
2063:
2058:
2049:
2041:
2037:
2016:
2007:
1999:
1994:
1986:
1981:
1924:
1921:Cy-près rule
1915:
1906:
1902:
1898:
1894:
1890:
1873:
1858:
1856:
1847:
1830:(1852), the
1827:
1818:
1812:
1804:
1802:
1796:
1771:
1769:
1763:
1743:
1741:
1735:
1718:
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1710:
1692:
1674:
1670:
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1637:
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1631:
1619:
1570:
1537:
1497:
1489:
1474:
1454:
1394:
1392:
1389:
1383:
1378:
1374:
1366:
1362:
1357:
1355:
1351:
1346:
1344:
1306:
1292:Benedictines
1261:
1177:
1163:
1161:
1156:al os le rei
1090:
1017:
1008:
979:
958:
935:
934:, and C the
923:
902:
896:
888:cestui a que
877:
693:
662:cestui a que
659:
651:
589:
588:
546:Criminal law
509:Totten trust
372:
371:
340:Testamentary
301:
300:
253:Common types
252:
251:
246:Constructive
171:
170:
130:
129:
103:
102:
47:Part of the
2044:2 section 3
1851:champertous
1550:Thomas More
1532:Benedictine
1327:Magna Carta
1288:Cistercians
1284:Franciscans
1146:vicecomitis
1129:sac and soc
1105:Merovingian
1081:Old English
1034:uses and a
945:beneficiary
926:when B dies
695:beneficiary
499:Blind trust
466:Advancement
454:Slayer rule
313:Spendthrift
302:Other types
2371:8 Stat. 83
1953:References
1861:cestui que
1781:cestui que
1776:George III
1756:cestui que
1728:cestui que
1606:cestui que
1509:Henry VIII
1493:cestui que
1462:cestui que
1459:to reform
1441:trespassed
1384:Cestui que
1310:cestui que
1294:and other
1249:Cistercian
1094:cestui que
1061:cestui que
1036:usufructus
1031:cestui que
1025:cestui que
1010:practice.
969:cestui que
962:cestui que
938:cestui que
906:cestui que
897:cestui que
880:cestui que
700:Law French
698:. It is a
654:cestuy que
592:Cestui que
519:common law
308:Protective
285:Charitable
49:common law
2091:(2nd ed.)
1958:Citations
1947:Trust law
1457:Henry VII
1451:Henry VII
1445:Assumpsit
1393:From the
949:trust law
915:equitable
685:feoffment
425:Intestacy
324:Remainder
295:Incentive
239:Resulting
190:Abatement
185:Ademption
97:Oral will
2605:Category
2078:, Vol. 9
1941:See also
1750:Virginia
1428:Chancery
1418:wardship
1321:and the
1270:Crusades
1131:held in
1069:Treuhand
1040:usufruct
987:mortmain
687:was made
551:Evidence
539:Property
529:Contract
430:Testator
347:Honorary
104:Sections
2580::
2562:Sources
1880:Vesting
1313:by the
1233:ad opus
1140:reginae
1115:Mercian
975:Crusade
864:-ik-ee-
806:-ee-kay
763:-ee-kay
704:English
677:
650:; also
435:Probate
290:Purpose
234:Express
132:Contest
85:Codicil
32:estates
2574:
2230:, 1535
1815:(1852)
1799:(1829)
1766:(1823)
1738:(1815)
1713:(1815)
1601:seisin
1503:trusts
1439:, nor
1437:seisin
1317:, the
1085:sellen
1004:revert
517:Other
225:Trusts
51:series
27:trusts
1864:trust
1169:trust
1002:, or
959:Both
941:trust
919:legal
911:trust
883:trust
866:YOOSS
720:, or
644:-wee
521:areas
158:Fraud
57:Wills
23:Wills
1599:had
1571:The
1530:, a
1517:and
1432:lien
1329:and
1197:opus
1191:usus
1076:Sala
903:The
876:and
804:SEST
674:lit.
642:SEST
534:Tort
259:Bare
30:and
2589:".
1209:oes
1206:or
1073:.
862:SET
766:or
761:SET
672:",
646:KAY
2607::
2520:^
2025:^
1966:^
1937:.
1788:,
1617:.
1349::
1337:.
1290:,
1286:,
1236:.
1203:os
998:,
951:.
870:.
849:uː
794:eɪ
751:eɪ
712:,
658:,
632:eɪ
25:,
1976:.
1038:(
855:/
852:s
846:j
843:ˈ
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782:s
779:ɛ
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690:'
680:'
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629:k
626:ˈ
621:i
618:w
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612:s
609:ɛ
606:s
603:ˌ
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596:(
578:e
571:t
564:v
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