The  contrast  between  uses  and  estates  at  law  was  extremelj
striking.  When  uses  were  created  before  the  statute  of  uhos,
there  was  a  confidence  that  the  feoffee  would  suffer  the  feoffor  to
take  the  profits,  and  that  the  feoffee,  upon  the  request  of  the
feoffor,  or  notice  of  his  will,  would  execute  the  estate  to  the  feof-
for and  his  heirs,  or  according  to  his  directions  (6).  When  the
direction  was  complied  with,  it  was  essentially  a  conveyance  by
the  feoffor,  through  his  agent  the  feoffee,  who,  though  even  an
infant  or  feme  covert^  was  deemed  in  equity  competent  to  execute
a  power,  and  appoint  a  use.  The  existing  law  of  the  land  was
equally  eluded  in  the  selection  of  the  appointee,  who  might  be  a

(a)  Bacon's  Law  Tracts^  310.  Lord  Bacon's  reading  on  the  Statute  of  Uses,
has  a  scholastic  and  quaint  air  pervading  it;  but  it  is  very  instructive  to  read^
because  it  is  profoundly  intelligent.
(b)  Lord  Bacon  says^  that  these  properties  of  a  use  were  exceedingly  well
set  forth  by  Walmsley,  J.,  iiva  case  in  36  Eliz.,  to  which  he  refers.  Baeon^g
Law  IVacis,  307.
306


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