Legal Definition and Related Resources of Shifting use
Meaning of Shifting use
Such a use as takes effect in derogation of some other estate, and is limited expressly by the deed, or is allowed to be created by some person named in the deed. Gilb. Uses (Sugden Ed.) 152, note; 2 Washb. Real Prop. 284. For example, a feoffment in fee is made to the use of W. and his heirs till A. pays £40 to W., and then to the use of A. and his heirs. A very common application is in the case of marriage settlements. Williams, Real Prop. 243. The doctrine of shifting uses furnished a means of evading the principle of law that a fee could not be limited after a fee. See 2 Washb. Real Prop. 284 et seq.; Williams, Real Prop. 242; 1 Spence, Eq. Jur. 452; 1 Vern. 402; 1 Edw. Ch. 34; Plowd. 25; Poll. 65. See “Use.”
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This definition of Shifting Use is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Shifting Use
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