352 READING ON THE STATUTE OF USES. 



good v. Edge, it shall divest from my brother, and be in my son, which is 

 it&amp;gt;. 229. the skipping they talk so much of. 



(joodnght v. B FT f m i ji i i 



Hornish,ib. fe o &quot; * limit a use jointly to two persons, not in esse, and 



2-26. the one cometh to be in esse, he shall take the entire use ; 



Davis v. Speed. anc j y e t jf the other afterward come in esse, he shall take 

 Sir Ed*. Lloyd j om ^ v with the former ; as if I make a feoffment to the use 

 v. Carew. of my wife that shall be, and my first begotten son for their 

 Free, m Chan, lives, and I marry ; mv wife taketh the whole use, and if I 



74. Mo. 506. P, , , J i , i ,1 ,1 -,1 &amp;gt; 



Ld.Buekhurst s alter wards have a son, he taketh jointly with my wife. 



case. Yelv.37. But yet where words of abeyance work to an estate exe- 



rV^k^s ik cu ted in course of possession, it shall do the like in uses ; 



619. 7 Rep*. 14. as ^ * infeofF A. to the use of B. for life, the remainder to 

 C. for life, the remainder to the right heirs of B. this is a 

 good remainder executed. 



So if I infeofF A. to the use of his right heirs, A. is in the 

 fee-simple, not by the statute, but by the common law. 



Now are we to examine a special point of the disability 

 of persons as take by the statute : and that upon the words 

 of the statute, where divers persons are seised to the use of 

 other persons ; so that by the letter of the statute, no use 

 is contained : but where the feoffor is one, and cestuy quc 

 use is another. 



Therefore it is to be seen in what cases the same persons 

 shall be both seised to the use and cestuy que use, and yet 

 in by the statute ; and in what cases they shall be diverse 

 persons, and yet in by the common law ; wherein I observe 

 unto you three things : First, that the letter is full in the 

 point. Secondly, that it is strongly urged by the clause of 

 joint estates following. Thirdly, that the whole scope of 

 the statute was to remit the common law, and never to in 

 termeddle where the common law executed an estate ; there 

 fore the statute ought to be expounded, that where the 

 party seised to the use, and the cestuy que use is one per 

 son, he never taketh by the statute, except there be a direct 

 impossibility or impertinency for the use, to take effect by 

 the common law. 



As if I give land to I. S. to the use of himself and his 

 heirs, and if I. D. pay a sum of money, then to the use of 

 I. D. and his heirs, I. S. is in by the common law, and not 

 by the statutes. 



Like law is, if I give lands to I. S. and his heirs, to the 

 use of himself for life or for years, and then to the use of 

 I. D. and his heirs, I. S. is in of an estate for life, or for years, 

 by way of abridgment of estate in course of possession, and 

 I. D. in of the fee-simple by the statute. 



