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§ 20. It is faid, in Roll's Abridgement, that the confideration of ancient acquaintance, or of being chamber-fellows, or entire friends, fhall not raise a use.

Tit. Ufe, Vol 2. 783. Plow. 503.

For the obligation that a man has to his own family, Gilb. Ufes48. is supposed, by all governments, to be superior to obligations of mere gratitude; and, therefore, the Chancery will not prefume that it is the party's intent to difpofe of lands out of the family, where any ceremony is absent that is neceffary in law to the making fuch a contract.

S21. In the cafe of a covenant to ftand feifed, a Paget's Cafe, use will arise to those who are within the confideration, 1 Rep. 154. though no use will arife to those who are ftrangers

to it.

Cafe, 2 Rep.

15 a.

§ 22. Tenant in tail, remainder in fee, the perfon Wifeman's in remainder, to the intent that his lands fhould continue and remain in his family, name, and blood, covenanted to stand seised to the use of himself and the heirs male of his body, remainder to the use of his brothers in tail, remainder to the use of the queen, her heirs and fucceffors. It was refolved, that a use arose to the covenantor in tail, and to his brothers; but that no ufe arose to the queen, for want of a confideration.

$ 23. Paul Rifley, by indenture between him and Sir Thomas Denton, Sir A. Denton, Thomas Rifley his brother, and W. Withers, covenanted and agreed with them to stand feifed of certain tenements, to the use of himself for life, remainder to the use of his wife for

Smith v.
Rifley,

Cro. Car.

529.

Whaley v.
Tancard,

2 Lev. 52.
54.

A Rent may

life, remainder to the use of the covenantees and their heirs upon feveral trufts for his children. It was refolved, that the ufes were well raised, and vested in Thomas his brother, he being of the blood of the covenantor, but that no use arofe to the other covenantees, they being strangers.

§ 24. A. covenanted to stand seised to several uses, and afterwards to C. for 99 years, if he should so long live, remainder to two strangers for the life of C. to preferve contingent remainders, remainder over. It was agreed by all, that the remainder to the two strangers was void, they not being of the blood of the covenantor, fo that they could not enter for a forfeiture.

$ 25. In confequence of the 4th and 5th fections of be referved on the Statute of Ufes, a rent may be referved on a covenant to stand seised.

a Covenant,

&c.

Rivetts v.
Godfon,

W.Jones 179.

The Eftate

til a Ufe

§ 26. Thus, where A., in confideration of natural love and affection, covenanted to ftand feised to the use of himself for life, remainder to B. his fon in tail, and to the intent that B. fhould have a rent iffuing out of the lands during the life of A. It was refolved, that upon the words of the 4th and 5th fections of the Statute of Ufes, B. was entitled to this rent.

§ 27. In the case of a covenant to stand, the estate continues un- continues in the covenantor until a lawful ufe arifes. Thus, it is faid by Manwood, Chief Baron, that if a man makes a feoffment in fee, to the ufe of A. for

arifes.

I Rep. 154 4.

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life, remainder to the use of B. for life, remainder to the use of C. in fee, if A. refuses, B. shall take his estate presently, for the feoffor, by his feoffment, hath given all his estate out of him, and all the ufes are created out of it, as out of one and the fame root; and, therefore, as long as any of the ufes can take effect, the feoffor fhall not have the land. But, in the cafe of a covenant which raiseth an use, there the confideration, which is the cause that raifes every feveral use, is several; and all the uses grow and rise out of the estate of the covenantor; and, therefore, there, if one refuses, he who is next in remainder, fhall not take the land prefently, but the covenantor fhall keep it.

Covenant to ftand feifed,

do not divelt

any Eftate.. Gilb. Ufes

140.

§ 28. A bargain and fale, and covenant to stand A Bargain feised, pass no interest but that which the bargainor or covenantor can lawfully transfer, for, as nothing but a ufe paffes by thofe conveyances, and as no ufe can poffibly be greater than the estate out of which it is created, it follows, that where a use is granted which is greater than the legal eftate out of which fuch use is to issue, it is merely void, and the statute executes the poffeffion to fo much only of the use, as is lawfully granted.

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Tit. 11. ch. 3. f. 22, 23, 24.

§ 29. Thus, if a tenant for life, with contingent Tit. 16. ch.6. remainders depending on his eftate, conveys away his f. 8. estate for life to a stranger in fee by bargain and fale,

or covenants to ftand feifed thereof to the use of his

fon in fee, the bargainee or covenantee will only take

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Seymour's

Cafe, 10 Rep.

an estate for life, and the contingent remainders will not be destroyed.

$ 30. In the fame manner, if a tenant in tail bar95. 1 Atk. 2. gains and fells his estate, or covenants to stand seised of it in fee, the bargainee or covenantee will only acquire a base fee, that is, an estate to him and his heirs, determinable on the death of the tenant in tail; and the issue in tail will not be put to his formedon on the death of his ancestor, but may enter on the lands, and bring an ejectment, because these conveyances do not create a discontinuance.

No Ufes can be declared

on thefe Conveyances.

§ 31. No ufes can be declared on a bargain and fale, or covenant to stand seised, but to the bargainee or covenantee; because these conveyances only pafs a ufe, and the legal estate and poffeffion is transferred Tit. 12. ch. 1. by the ftatute. Now, it has been fhewn, that the L. 5. 11. ftatute only executes the first use, and not the second; so that the second use is void in law, but is fupported in equity under the name of a trust.

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THE

Nature of.

HERE is a third fort of conveyance ufually Origin and claffed under those which derive their effect from the statute of uses, but of which only one part is derived from that ftatute, and the other part from the principles of the common law. It is called a leafe and release, but it is in fact a bargain and fale for a year, and a common law release, operating by way of enlargement; and owes its rife to the following circumstances.

§ 2. The framers of the ftatute of ufes forefaw, that freehold eftates would thenceforth become tranf ferable by parol only, without any form or ceremony whatever. A. claufe was therefore inferted in that ftatute, by which all bargains and fales, of freehold eftates, were required to be made by writing, indented

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