TREATISE ON SPRINGING USES, AND OTHER LIMITATIONS BY DEED, CORRESPONDING WITH Erecutory Devises ; ACCORDING TO THE ARRANGEMENT IN MR. FEARNE'S ESSAY. BY JOHN WILSON, OF LINCOLN'S INN, ESQ. BARRISTER AT LAW, LONDON: PRINTED BY A. STRAHAN, LAW-PRINTER TO THE KING'S MOST EXCELLENT MAJESTY; LAW BOOKSELLERS AND PUBLISHERS, PORTUGAL-STREET, 1824. PREFACE. MR. FEARNE, in his essay on contingent remainders and executory devises, intimates (a), that future and shifting uses, and other springing and executory interests, which are not remainders, are to be considered as subject to the same limits and restrictions as executory devises. His very learned Editor also observes (b), that executory devises are the immediate subject of the second part of Mr. Fearne's essay, but that his positions and illustrations are always, either directly or indirectly, referrible to the general doctrines of law, on all limitations of this description either in deeds or wills. It appeared to the compiler of the present treatise, that Mr. Fearne's inestimable work might be rendered in some degree more per (a) P. 441. (b) Mr. Butler's edition, p. 385. fect, and its utility increased, by a collection and analysis of authorities, in illustration of his positions with reference to such limitations by deeds; and particularly as, from the difference in the nature and construction of deeds and wills, some distinctions must necessarily exist between those limitations and executory devises. To supply such a collection, and exemplify such distinctions, is the principal object of the following pages, which are submitted to the profession, with the consciousness that a charge of temerity may be incurred by the attempt, but in the hope that it has not been made without due consideration. The arrangement of Mr. Fearne has been closely adhered to, and the subdivisions of Mr. Butler have been adopted, so that the corresponding passages in the two books will be found under the same chapter and section. 2. New Square, Lincoln's Inn, August 1st, 1824. |