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feoffor to uses [1 record]

Record 1 2016-05-05

English

Subject field(s)
  • PAJLO
  • Law of Trusts (common law)
CONT

Assume that A was seized of the fee simple estate in Blackacre, and that A's heir, C, was an infant aged ten years. At common law, upon the death of A, the fee simple estate would pass, by inheritance, to C. As C was an infant, the land would go into wardship and with the land also would go the child. Blackacre would become subject to the onerous feudal incidents of wardship and marriage and, as a result, financial havoc could be wrought upon A's family. To avoid this result, A would make the following disposition of Blackacre by way of a use: A would be the "feoffor to uses", B the "feoffee to uses", and C the "cestui que use". B would undertake to hold the fee simple estate to the use of A until his death and, thereafter, to the use of C, A's heir.

OBS

feoffor to uses : a historical term.

French

Domaine(s)
  • PAJLO
  • Droit des fiducies (common law)
OBS

fieffant à usage d'autrui; fieffante à usage d'autrui : termes normalisés par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).

Spanish

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