Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/380

 364 comes a mere intrument or conduit-pipe, eied only to the ue of B, C, and D, in ucceive order: which ue is executed immediately, by force of the tatute of ues This doctrine may perhaps be more clearly illutrated by example. In the deed or marriage ettlement in the appendix, №. II. §. 2. we may uppoe the lands to have been originally ettled on Abraham and Cecilia Barker for life, remainder to John Barker in tail, with divers other remainders over, reverion to Cecilia Barker in fee; and now intended to be ettled to the everal ues therein expreed, viz. of Abraham and Cecilia Barker till the marriage; remainder to John Barker for life; remainder to trutees to preerve the contingent remainders; remainder to his widow for life, for her jointure; remainder to other trutees, for a term of five hundred years; remainder to their firt and other ons in tail; remainder to their daughters in tail; remainder to John Barker in tail; remainder to Cecilia Barker in fee. Now it is neceary, in order to bar the etate-tail of John Barker, and the remainders expectant thereon, that a recovery be uffered of the premies; and it is thought proper (for though uual, it is by no means neceary: ee Forreter. 167.) that in order to make a good tenant of the freehold, or tenant to the praecipe, during the coverture, a fine hould be levied by Abraham, Cecilia, and John Barker; and it is agreed that the recovery itelf be uffered againt this tenant to the praecipe, who hall vouch John Barker, and thereby bar his etate-tail; and become tenant of the fee-imple by virtue of uch recovery: the ues of which etate, o acquired, are declared to be thoe expreed in this deed. Accordingly the parties covenant to do thee everal acts, (ee pag. viii.) And in conequence thereof the fine and recovery are had and uffered (№. IV. and №. V.) of which this conveyance is a deed to lead the ues. . Or, if a fine or recovery be had without any previous ettlement, and a deed be afterwards made between the parties, declaring the ues to which the ame hall be applied, this will be equally good, as if it had been exprely levied or uffered, in conequence of a deed directing it's operation to thoe particular ues. For by tatute 4 & 5 Ann. c. 16. indentures to declare the ues of fines and recoveries, made after the fines and recoveries had and uffered, hall be good and effectual in law, and the fine and recovery hall enure to uch ues, and be eteemed to be only in trut, notwithtanding the tatute of frauds 29 Car. II. c. 3. enacts, that all truts hall be declared in writing, at (and not after) the time when uch truts are created.