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It is commonly stated that one of the many effects of the Statute of Uses, 1535, was that the power of devising land which had been acquired by means of uses was abolished. It has also been said that this power ‘would subsequently have been recovered through that construction of the Statute which afterwards gave rise to the modern system of trusts’,i.e.by the enforcement of a use upon a use as a trust. The object of this article is to suggest that on the construction of the Statute which became generally accepted by the Courts the Statute never in fact made it impossible to make what was in effect a devise by means of a use, but augmented the power to devise by making it possible to pass the legal estate; and further, that this fact was recognized long before the Restoration when uses upon a use were first regularly enforced as trusts.
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