Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/352

 336 pugnant and therefore void. And therefore, on a feoffment to A and his heirs, to the ue of B and his heirs, in trut for C and his heirs, they held that the tatute executed only the firt ue, and that the econd was a mere nullity: not adverting, that the intant the firt ue was executed in B, he became eied to the ue of C, which econd ue the tatute might as well be permitted to execute as it did the firt; and o the legal etate might be intantaneouly tranmitted down, through a hundred ues upon ues, till finally executed in the lat cetuy que ue. Again; as the tatute mentions only uch perons as were eied to the ue of others, this was held not to extend to terms of years, or other chattel interets, whereof the termor is not eied, but only poeed ; and therefore, if a term of one thouand years be limited to A, to the ue of (or in trut for) B, the tatute does not execute this ue, but leaves it as at common law. And latly, (by more modern reolutions) where lands are given to one and his heirs, in trut to receive and pay over the profits to another, this ue is not executed by the tatute: for the land mut remain in the trutee to enable him to perform the trut.

the two more antient ditinctions the courts of equity quickly availed themelves. In the firt cae it was evident, that B was never intended by the parties to have any beneficial interet; and, in the econd, the cetuy que ue of the term was exprely driven into the court of chancery to eek his remedy: and therefore that court determined, that though thee were not ues, which the tatute could execute, yet till they were truts in equity, which in concience ought to be performed. To this the reaon of mankind aented, and the doctrine of ues was revived, under the denomination of truts: and thus, by this trict contruction of the courts of law, a tatute made upon great deliberation, and introduced in the mot olemn manner, has had little other effect than to make a flight alteration in the formal words of a conveyance. Rh