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purchaser of the legal estate for value without notice of the use. In a conveyance "to A and his heirs to the use of B and his heirs", the common law took cognisance only of A and went no further. But if A attempted to act inconsistently with the dictates of his conscience, the Court of
Chancery would enforce the use against him.
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eventually assumed the task of enforcing uses. Later, it decided that not only was the conscience of the feoffee to uses bound by the use, but also the conscience of his heir. Thus, on the death of the feoffee to uses the use could be enforced against the feoffee's heir to whom the legal fee simple
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The idea of a tie in conscience was gradually extended, and with it the sphere of enforceability of the use. The modern position was reached by the beginning of the sixteenth century: The use could be enforced against anyone in the world acquiring an interest in the land other than a bona fide
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From early on, legislation interfered with uses where they were employed for purposes that were regarded as improper. During the 14th and 15th centuries, legislation was passed which was designed to prevent uses being created so as to defraud
212:(revert) to his overlord. The use could avoid these results by allowing the tenant to convey his land to a friend, on the understanding that the friend would permit the grantor, and, after the grantor's death, the grantor's designated
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summarises the use as a "where one or more persons hold land to the 'use' of another". One reason for the creation of uses was a desire to avoid the strictness of certain rules of the common law, which considered
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Providing for grantor's wife: Since man and wife were considered to be one person at common law, a man could not convey land to his wife. This difficulty was overcome if the land was conveyed to a
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countries, amounts to a recognition of the duty of a person to whom property has been conveyed for certain purposes, to carry out those purposes. In this context "use" is equivalent to "benefit".
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was passed in 1536 in an attempt to remedy the abuses which it was said were occasioned by this evasion of the law. However, the
Statute failed to accomplish its purpose.
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had no room for this notion. Uses, nonetheless, satisfied contemporary needs in 15th century
England. Their first application in relation to land was to provide land to
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Avoidance of feudal burdens: By the device of a use, the tenant could avoid dues upon his death, since he was not seised of the land at his death.
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to be all-important. Although the common law recognised a use in chattels from an early period, it was clear by the end of the 14th century that
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From this time, two different kinds of interests in the land could exist side by side, a fragmentation between legal and beneficial.
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at common law. Upon his death the land devolved upon his eldest son or, if he died without leaving an heir, the land would
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Uses were equitable or beneficial interests in land. In early law a property owner could not dispose of his estate by
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or legal possession was delivered, to which the equitable jurisdiction of the chancellor gave effect. The
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pyramid, the King suffered most from the employment of uses and evasion of tenurial incidents. The
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arose out of this failure of the
Statute of Uses. The Statute of Uses is also the basis of modern
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One or more of the preceding sentences incorporates text from a publication now in the
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acquire it. As a method of avoiding certain common law rules, the practice arose of making
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to solve the problem. The statute operated to execute the use so that the interest of the
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However, the
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461:. Vol. 27 (11th ed.). Cambridge University Press. p. 330.
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to the use of, or upon trust for, persons other than those to whom the
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The rapid development of the use was probably one of the
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to have the full benefit and enjoyment of the land.
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391:The Governance of Late Medieval England, 1272-1461
295:(1536) was the culmination of various attempts by
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204:could not devise the interest in the land by a
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188:Uses served various purposes, including:
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421:A History of English Law
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258:estate had descended.
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