A. seised of diverse manors in fee, before the statute of 27 H. 8 of Uses, makes a feoffment in fee of those manors to B to the use of his last will ; and afterwards by indenture declares that his intent was that B. should pay his debts, and afterwards conveys those manors to A and his wife in tail, the remainder to A in fee ; A died before the statute of uses. Resolved by all the judges of England, that no use rested in A and his wife, until an estate-tail be made to them ; and ttiat this indenture does not amount to a declaration of the last will of A. (which can only take effect by his death) for the gift in tail to him and his wife, is to take effect in his lifetime ; which cannot be, if it be taken for a will : and also the wife is a stranger to the land.
[1220] EngR 11, (1220-1623) Jenk 217, (1220) 145 ER 149 (A)
Commonlii
England and Wales
Updated: 20 October 2021; Ref: scu.460923