Maxim 3.4.22
It is necessary that given persons, lands and estates should be comprehended in a declaration of uses.
Source: 9 Coke, 9; Weisman, 69w
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A declaration of uses must specify the persons, lands, and estates affected with particularity — a vague or general declaration that fails to identify the beneficiaries and the property is void for uncertainty.
Where this applies
- A trust instrument declares that property is held "for uses" but fails to name any beneficiary or describe any specific parcel; the court voids it for lack of the required particularity.
- A deed of uses describes the land only as "certain property in the county" without metes and bounds or any identifying detail; the court holds the declaration insufficient.
- A settler creates a use but names only "my family" without specifying which persons are beneficiaries; the court invalidates the declaration because the given persons must be comprehended with certainty.
Legal domains
Cite this maxim
NeCede Max. 3.4.22 — It is necessary that given persons, lands and estates should be comprehended in a declaration of uses. — 9 Coke, 9; Weisman, 69w
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