Section 1.10 History

LibraryTrusts and Powers 2013 Supp

A. (§1.10) History

In early sixteenth century England, many believed that allowing the ownership of land to be split between legal and equitable interests through the creation of “uses,” as trusts were then called, was no longer desirable and should not be allowed to continue. Among the solutions available, Parliament adopted the one whereby the equitable interest of the “cestui que use,” or beneficiary, was merged into the full legal interest and the naked legal title of the “feoffee to uses” or trustee was destroyed or “executed.” The Statute of Uses, Stat. 27 Hen. VIII, c...

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