{"title":"Uses, wills and trusts","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0004","DOIUrl":null,"url":null,"abstract":"The materials in this chapter relate to the early history and legal recognition of ‘uses’ of land, and to the legislation designed to prevent them from harming others, particularly by depriving the king and lords of their feudal incidents. The legal background to the Statutes of Uses (1536) and Wills (1540) is revealed from miscellaneous sources. Subsequent cases show the survival of equitable interests in the form of ‘trusts’ created by means of the ‘use upon a use’. The post-1535 trust was recognized judicially in The Duchess of Suffolk’s Case (1560), printed here in translation for the first time.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"67 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Baker and Milsom Sources of English Legal History","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198847809.003.0004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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Abstract
The materials in this chapter relate to the early history and legal recognition of ‘uses’ of land, and to the legislation designed to prevent them from harming others, particularly by depriving the king and lords of their feudal incidents. The legal background to the Statutes of Uses (1536) and Wills (1540) is revealed from miscellaneous sources. Subsequent cases show the survival of equitable interests in the form of ‘trusts’ created by means of the ‘use upon a use’. The post-1535 trust was recognized judicially in The Duchess of Suffolk’s Case (1560), printed here in translation for the first time.
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