cular estate. So if the grantee of a particular estate assign his estate, no use will result to him at law. In equity, circumstances may justify the court to declare that there is a resulting trust.(e)

Of Trusts.

So also trusts may be, and frequently are declared in this instrument; and these trusts must depend on the intention of the parties. Every modification of ownership, which is admissible under the learning of uses, is admissible under the learning of trusts; for most trusts are uses, but so circumstanced, that they cannot be executed into estate under the statute. The general rule, that an use cannot be limited on an use; in other words, that an use in the second degree, cannot be executed into estate, is the cause, that many trusts, though uses in effect, are not executed by the statute. Thus, under a conveyance to A. in fee, to the use of A. in fee, in trust for B. and his heirs, or to and to the use of A. in fee, in trust for B. and his heirs; the beneficial ownership, in effect the use, will be in B. and yet the statute will not execute

(e) Castle v. Dod, Cro. Ja, 200.

that use. An impediment arises from the use declared in favor of A. though A. is to be merely a trustee. This point has been more fully discussed in a former division, At present, it will suffice to notice, that the release should never be made to the use of the releasee, when the intention is to declare, on his seisin, uses to be executed into estate, in favor of other persons under the statute of uses.

of Covenants.

It remains only to be observed, that the deed should contain such covenants for title as are adapted to the circumstances of the case, and the intention of the parties.

APPENDIX.

FORM I.

Covenant to levy a Fine. The most simple Form.

THIS INDENTURE, made the

in the

day

of year of the reign of our sovereign George the 3d, &c. and in the year of our Lord BETWEEN A. B. of, &c. of the one part, and C. D. of, &c. of the other part, WITNESSETH, that it is hereby declared and agreed by and between the parties to these presents, and the said A. B. for himself, his heirs, executors, and administrators, doth hereby covenant and agree with the said C. D., his heirs and assigns, in manner following, (that is to say) that he the said A, B. shall or will at his own proper costs and charges as of Trinity Term now last past, or in, or as, and before the end of Michaelmas Term now next ensuing, acknowledge and levy unto the said C. D. and his heirs, before his Majesty's justices of the Court of Common Pleas at Westminster, one or more fine or fines, sur conuzance de droit come ceo, &c. with proclamations according to the form of the statutes in that behalf made and provided, and to be engrossed and re

corded according to the order and course of fines in such cases used and accustomed, of ALL (parcels fully) (and general words) AND ALSO of all other the messuages, lands, tenements, and hereditaments, which by the said &c. were

&c. together with their rights, members, and appurtenances, by the names and descriptions of four messuages, six cottages, one toft, six barns, two dovecotes, seven gardens, six orchards, five hundred acres of land, sixty acres of meadow, seven hundred acres of pasture, and fifty acres of furze and heath, with the appurtenances, in Rudston, and the parish of, &c. or by such other apt, proper, and convenient names, number of messuages, and acres, quantities, qualities, and other descriptions as shall be sufficient to comprise the same. AND it is hereby agreed by and between the parties to these presents, that the fine or fines so as aforesaid, or in any other manner, or at any other time or times, levied or to be levied, AND ALL and every other fine or fines, common recovery or recoveries, and other assurances whatsoever, at any time or times heretofore, and to be at any time, and from time to time hereafter acknowledged, levied, suffered, made and executed, of and concerning the said messuages and hereditaments respectively, or any of them, either alone or jointly with any other lands, tenements, and hereditaments, by or between the said parties to these presents, or any of them, either alone or jointly and together with any other person or persons whomsoever, or to which they or either of them is or are, or shall or may be parties or privies, or party or privy, shall be