a thesis - Institute of Advanced Legal Studies

CONSTRUCTION OF EXPEESS TRUSTS. 71
the trust would seem to be an executed one. See Brett, L. C. Eq.
3rd ed. 38.]
5. A. devises [s/c] 1,000/. to trustees to be laid out in the purchase
of lands, and to be settled on B. for life without impeachment
of waste, and from and after the determination of that estate to
trustees to preserve contingent remainders, remainder to the heirs
of the body of B., remainders over with power to B. to make a
jointure. This is an executory trust, and B. is entitled to an estate
for life merely. Papillon v. Voice (1728), 2 P. Wms. 470.
6. A. devises land to trustees in trust to sell, and thereout to
purchase other lands or stock and to permit B. to receive the
interest and profits for life, and after A.'s decease to permit C. to
receive the interest and profits during his natural life, and after his
decease then in trust for the use of the issue of the body of B.
lawfully begotten. From the terms of the will it appears that B.
is intended to take a life estate only. B. is entitled to a life estate
only and not to an estate tail. Meure v. Meure (1737), 2 Atk. 265.
7. A. devises land to trustees upon trust on the marriage of B.,
to convey it with all convenient speed to the use of B. for life sans
tvaste, voluntary waste in houses excepted, remainder to her husband
for life, remainder to the issue of her body with remainders
over. This is an executory trust (p. 9), and the conveyance must be
to B. for life with remainders in strict settlement. Glenorchy v.
Bosvitte (1733), Gas. t. Talbot, 3.
8. A. by his will directs his trustees to convey freeholds in trust
for the separate use of his daughter B. for and during the term of
her natural life, and so as she alone or such person as she shall
appoint shall take and receive the rents and profits thereof, and so
as her husband is not to intermeddle therewith; and from and after
her decease in trust for the heirs of the body of B. This is an
executory trust, and B. takes an estate for life only. Roberts v.
Dixwell (1738), 1 Atk. 606.
9. A. bequeaths personal estate to trustees upon trust to lay out
the same in the purchase of land, to be settled and assured as counsel
shall advise for the use of B. and his issue in tail male to take in
succession and priority of birth; remainders over. This is an execu-