been enlarged into a fee-simple, while in those instances in which tenant in tail with the immediate reversion or remainder in fee in himself levies a fine, and, by that means, extinguishes the time of the estatetail in the remainder or reversion in fee, the validity of the title will depend on the right which the tenant in tail can shew to the several estates; for unless he had a good and clear title to the estate-tail, and also to the reversion or remainder in fee, and unless both estates were free from incumbrances, his title to the fee-simple will be exposed to objection.

On the priority of estates granted by the tenant in tail, and by the reversioner or remainder-man, before that reversion or remainder came into the hands of the tenant in tail; and also on the manner in which charges created by those persons will affect the ownership, in the hands of those who claim under the fine; some remarks will be offered when the consequences of merger, as between strangers and those who have estates carved out of the several estates, which merge, and occasion the merger, are considered. The cases of Errington v. Errington, (a) and Symonds . Cudmore,(b) and Shelburne v. Biddulph, (c) are interesting on this point.

(a) 2 Bulstr. 42.

(b) 4 Mod. 1.

(c) 4 Bro. Cases, 594.

Of the Exceptions and Privilege from Merger, under the Construction which the Statute of Uses has received.

Other instances of exemption from merger arise at law, from the statute of uses. (a) Before that statute was passed, uses were interests, arising merely from a right in equity, to the beneficial ownership; and not from any estate or dominion recognized by the law. The tenant of the legal estate, was a trustee for the person intitled to the

use.

When uses were of this fiduciary nature, it frequently must have happened that a legal estate was conveyed upon trust for another person, who was previously the owner of some estate, immediately preceding and susceptible of the operation of merger. As often as this circumstance occurred, the legal estate of the trustee merged by the rules of law; and the right of possession under the estate conveyed to him, to uses, was accelerated. The court of Chancery, which alone could compel the feoffee to uses to perform the trust reposed in him, protected the interest of the trustee; and, by its rules, provided that he should not experience any prejudice by his agreement to be

come the trustee. Therefore it would not allow the cestui que use to call for a conveyance of the legal estate, till the time of the esta t of the feoffee to uses, which he had prior to the conveyance to uses, was expired, or by means of a feoffment on condition, or of a reconveyance or a demise, or by some other means, the trustee was placed in the like situation in point of benefit, as he stood before he accepted the conveyance to uses.

The precise means by which, under these circumstances, the court of Chancery administered relief to the feoffee to uses, is not known. Nor is the knowledge of the practice of the court, very material. For the present purpose, it is sufficient to be satisfied that this court would not suffer the cestui que use to derive any advantage, or the trustee for supporting the uses to sustain any prejudice, as a consequence of the conveyance to uses; that, in point of law, there were several means by which the several parties might be placed in that situation which was agreeable to equity, and consistent with the nature and extent of their several rights.

Such was the situation of the parties when the statute for transferring uses into possession was passed into a law. The scope and the object of that statute were to change equitable interests into legal estates, and to distribute the legal estates among those who were intitled to the equitable ownership, in

the same proportions, and for the same periods of time, and under the same restrictions, as they were intitled to that ownership.

For this reason that statute, after enacting that where any person or persons stand or be seised, or at any time hereafter shall happen to be seised of and in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence or trust, of any other person or persons, or of any body politic by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will, or otherwise, by any manner of means, whatsoever it be, that in such case, every case, all and all and every such person and persons, and bodies politic that have or hereafter shall have any such use, confidence, or trust, in fee-simple, fee-tail, for term of life or of years, or otherwise, or any use, confidence or trust, in remainder, or reversion, shall from henceforth stand, and be seised, deemed and adjudged, in lawful seisin, estate and possession of and in the same honors, castles, manors, lands, tenements, rents, services, reversions, remainders, and hereditaments, with their appurtenances to all intents, constructions and purposes in the law of and in such like estates, as they had or should have in the use, trust or confidence of or in the same; and that the estate, right, title and possession, that was in such person

or persons, that were or thereafter should be seised of any lands, tenements, or hereditaments, to the use, confidence or trust, of any such person or persons, or of any body politic, be from thenceforth clearly deemed and adjudged to be in him or them, that had or thereafter should have such use, confidence or trust, after such quality, manner, form, and eondition as they had before in or to the use, confidence or trust that was in them.

And also enacting that where divers and many persons were or thereafter should happen to be jointly seised of and in any lands, tenements, rents, reversions, remainders or other hereditaments, to the use, confidence or trust of any of them that were so jointly seised, that in every such case that the person or persons which had or thereafter should have any such use, confidence or trust in any such lands, tenements, rents, reversions, remainders or other hereditaments, should from thenceforth have, and be deemed and adjudged to have only to him or them, that had or thenafter should have such use, confidence or trust, such estate, possession of and in the same lands, tenements, rents, reversions, remainders, and other hereditaments, in like nature, manner, form, condition, and course as he or they had before in the use, confidence or trust, of the same lands, tenements, hereditaments; introduces an exception, (saving and reserving to all and sin