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NeCede's

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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