to the uſe of his intended wife and her eldeſt ſon for their lives, upon the marriage the wife takes the whole uſe in ſeveralty; and, upon the birth of a ſon, the uſe is executed jointly in them both[1]. This is ſometimes called a ſecondary, ſometimes a ſhifting, uſe. And, whenever the uſe limited by the deed expires, or cannot veſt, it returns back to him who raiſed it, after ſuch expiration or during ſuch impoſſibility, and is ſtiled a reſulting uſe. As, if a man makes a feoffment to the uſe of his intended wife for life, with remainder to the uſe of her firſt-born ſon in tail: here, till he marries the uſe reſults back to himſelf; after marriage, it is executed in the wife for life; and, if ſhe dies without iſſue, the whole reſults back to him in fee[2]. It was likewiſe held, that the uſes originally declared may be revoked at any future time, and new uſes be declared of the land, provided the grantor reſerved to himſelf ſuch a power at the creation of the eſtate; whereas the utmoſt that the common law would allow, was a deed of defeazance coeval with the grant itſelf (and therefore eſteemed a part of it) upon events ſpecifically mentioned[3]. And, in caſe of ſuch a revocation, the old uſes were held inſtantly to ceaſe, and the new ones to become executed in their ſtead[4]. And this was permitted, partly to indulge the convenience, and partly the caprice of mankind; who (as lord Bacon obſerves[5]) have always affected to have the diſpoſition of their property revocable in their own time, and irrevocable ever afterwards.
By this equitable train of deciſions in the courts of law, the power of the court of chancery over landed property was greatly curtailed and diminiſhed. But one or two technical ſcruples, which the judges found it hard to get over, reſtored it with tenfold increaſe. They held in the firſt place, that "no uſe could be limited on a uſe[6]," and that when a man bargains and ſells his land for money, which railes a uſe by implication to the bargainee, the limitation of a farther uſe to another perſon is re-
