(A) estates. A confidence reposed in another, who was made tenant of the land or terre tenant, that he should dispose of the land according to the intention of the cestui que use, or him to whose use it was granted, and suffer him to take the profits. 2. In order to create a use, there must always be a good Consideration; though, when once raised, it may be passed by grant to a stranger, without consideration. 5. A modern use has been defined to be an estate of right, which is acquired through the operation of the statute of 27 Hen. VIII., c. 10; and which, when it may take effect according to the rules of the common law, is called the legal estate; and when it may not, is denominated a use, with a term descriptive of its modification. Cornish on Uses, 35. 6. The common law judges decided, in the construction of this statute, that a use could not be raised upon a use; Dyer, 155 A; and that on a feoffment to A and his heirs, to the use of B and his heirs, in trust for C and his heirs, the statute executed only the first use, and that the second was a mere nullity. The judges also held that, as the statute mentioned only such persons as were seised to the use of others, it did not extend to a term of years, or other chattel interests, of which a termor is not seised but only possessed. (B) civil law. A right of receiving so much of the natural profits of a thing as is necessary to daily sustenance; it differs from usufruct, which is a right not only to use but to enjoy.
Law Dictionary – Alternative Legal Definition
A confidence reposed in anotherv who was made tenant of the land, or terre tenant, that he would dispose of the land according to the intention of the cestui que use, or him to whose use it was granted, and suffer him to take the profits. 2 Bl. Comm. 328. A right in one person, called the “cestui que use,” to take the profits of land of which another has the legal title and possession, together with the duty of defending the same, and of making estates thereof according to the direction of the cestui que use. Bouvier. Use is the right given to any one to make a gratuitous use of a thing belonging to another, or to exact such a portion of the fruit it produces as is necessary for his personal wants and those of his family. Civ. Code La. art. 626. Uses and trusts are not so much different things as different aspects of the same subject. A use regards principally the beneficial interest; a trust regards principally the nominal ownership. The usage of the two terms is, however, widely different. The word “use” is employed to denote either an estate vested since the statute of uses, and by force of that statute, or to denote such an estate created before that statute as, had it been created since, would have become a legal estate by force of the statute. The word “trust” is employed since that statute to denote the relation between the party invested with the legal estate (whether by force of that statute or independently of it) and the party beneficially entitled, who has hitherto been said to have the equitable estate. Mozley & Whitley. use and benefit” In the expressions “separate use,” “superstitious use,” and “charitable use,” “use” has the same meaning. Sweet In the civil law. A right of receiving so much of the natural profits of a thing as is necessary to daily sustenance. It differs from “usufruct,” which is a right not only to use, but to enjoy. 1 Browne, Civil & Adm. Law, 184. Cestui que use. A person for whose use and benefit lands or tenements are held by another. The latter, before the statute of uses, was called the “feoffee to use,” and held the nominal or legal title. Charitable use. See Charitable. Contingent use. A use limited to take effect upon the happening of some future contingent event; as where lands are conveyed to the use of A. and B., after a marriage shall be had between them. 2 Bl. Comm. 334; Haywood v. Shreve, 44 N. J. Law, 94; Jemison v. Blowers, 5 Barb. (N. Y.) 692. Executed use. The first use in a conveyance upon which the statute of uses operates by bringing the possession to it, the combination of which, ?. e., the use and the possession, form the legal estate, and thus the Statute is said to execute the use. Wharton. Executory uses. These are springing uses, which confer a legal title answering to an executory devise; as when a limitation to the use of A. in fee is defeasible by a limitation to the use of B., to arise at a future period, or on a given event. Feoffee to uses. A person to whom (before the statute of uses) land was conveyed “for the use” of a third person. He held the nominal or legal title, while the third person, called the “cestui que use,” was entitled to the beneficial enjoyment of the estate. Official use. An active use before the statute of uses, which imposed some duty on the legal owner or feoffee to uses; as a conveyance to A. with directions for him to sell the estate and distribute the proceeds among B., C, and D. To enable A. to perform this duty, he had the degal possession of the estate to be sold. Wharton. Passive use. A permissive use, (q. v.) Permissive use. A passive use which was resorted to before the statute of uses, in order to avoid a harsh law; as that of mortmain or a feudal forfeiture. It was a mere invention in order to evade the law by secrecy; as a conveyance to A. to the use of B. A. simply held the possession, and B. enjoyed the profits of the estate. Wharton. Resulting use. A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses without any declaration of the use. 2 Washb. Real Prop. 100. A resulting use arises where the legal seisin is transferred, and no use is expressly declared, nor any consideration nor evidence of intent to direct the use. The use then remains in the original grantor, for it cannot be supposed that the estate was intended to be given away, and the statute immediately transfers the legal estate to such resulting use. Wharton. Secondary use. A use limited to take effect in derogation of a preceding estate, otherwise called a “shifting use,” as a conveyance to the use of A. and his heirs, with a proviso that, when B. returns from India, then to the use of C. and his heirs. 1 Steph. Comm. 546. Shifting use. A use which is so limited that it will be made to shift or transfer itself, from one beneficiary to another, upon the occurrence of a certain event after its creation. For example, an estate is limited to the use of A. and his heirs, provided that, upon the return of B. from Rome, it shall be to the use of O. and his heirs; this is a shifting use, which transfers itself to C. when the event happens. 1 Steph. Comm. 503; 2 Bl. Comm. 335. These shifting uses are common in all settlements; and, in marriage settlements, the first use is always to the owner in fee till the marriage, and then to other uses. The fee remains with the owner until the marriage, and then it shifts as uses arise. 4 Kent, Comm. 297. 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 mean time. 2 Washb. Real Protf. 281; Smith v. Brisson, 90 N. C. 288. Statute of uses. An English statute enacted in 1536, (27 Hen. VIII. c. 10,) directed against the practice of creating uses in lands, and which converted the purely equitable title of persons entitled to a use into a legal title or absolute ownership with right of possession. The statute is said to “execute the use,” that is, it abolishes the intervening estate of the feoffee to uses, and makes the beneficial interest of the cestui que use an absolute legal title. Superstitious uses. See that title. Use and occupation. This is the name of an action, being a variety of ot sumpsit, to be maintained by a landlord against one who has had the occupation and enjoyment of an estate, under a contract to pay therefor, express or implied, but not under such a lease as would support an action specifically for rent Use plaintiff. One for whbse use (benefit) an action is brought in the name of another. Thus, where the assignee of a chose in action is not allowed to sue in his own name, the action would be entitled “A. B. (the assignor) for the Use of C. D. (the assignee) against EJ. F.” In this case, C. D. is called the “use plaintiff.”