READING ON THE STATUTE OF USES. 351 



fine to him to the king s use, which I do accordingly ; and 

 this deed of covenant be not inrolled, and the deed be found 

 by office, the use vesteth not. E converso, if inrolled. If 

 I covenant with I. S. to infeoff him to the king s use, and 

 the deed be inrolled, and the feoffment also be found by 

 office, the use vesteth. 



But if I levy a fine, or suffer a recovery to the king s use, 

 and declare the use by deed of covenant inrolled, though 

 the king be not party, yet it is good enough. 



A corporation may take a use, and yet it is not material 

 whether the feoffment or the declaration be by deed ; but 

 I may infeoff I. S. to the use of a corporation, and this use 

 may be averred. 



A use to a person uncertain is not void in the first limita- of a use to a 

 tion, but executeth not till the person be in esse ; so that person uncer- 

 this is positive, that a use shall never be in abeyance as a tam * 

 remainder may be, but ever in a person certain upon the 

 words of the statute, and the estate of the feoffees shall be 

 in him or them which have the use. The reason is, because 

 no confidence can be reposed in a person unknown and un 

 certain; and therefore, if I make a feoffment to the use 

 of I. S. for life, and then to the use of the right heirs of 

 I. D. the remainder is not in abeyance, but the reversion 

 is in the feoffor, quousque. So that upon the matter all 

 persons uncertain in use are like conditions or limitations 

 precedent. 



Like law, if I infeoff one to the use of I. S. for years, the 

 remainder to the right heirs of I. D. this is not executed in 

 abeyance, and therefore not void. 



Like law, if I make a feoffment to the use of my wife that 

 shall be, or to such persons as I shall maintain, though I 

 limit no particular estate at all ; yet the use is good, and 

 shall in the interim return to the feoffor. 



Contrary law, if I once limit the whole fee-simple of the Purefoy v Ro 

 use out of me, and part thereof to a person uncertain, it ers 

 shall never return to the feoffor by way of fraction of the Q 

 use ; but look how it should have gone unto the feoffor ; if case. 

 I begin with a contingent use, so it shall go to the re- 1 Rep. 129. 138. 

 mainder; if I intail a contingent use, both estates are alike i57.Heyie sv 

 subject to the contingent use when it falleth; as when I Villiers. 

 make a feoffment in fee to the use of my wife for life, the Bidford s case. 

 remainder to my first begotten son ; I having no son at that \^ ^ 791 * 

 time, the remainder to my brother and his heirs : if my wife Badger v. 

 die before I have any son, the use shall not be in me, but Lloyd. 

 in my brother. And yet if I marry again, and have a son, f^ scatter. 



