use

I Noun: A beneficial ownership recognized in equity. A trust. The right granted by a patent for an invention. 40 Am J1st Pat § 140. The employment or enjoyment of property. Utility; advantage. The long-continued possession and employment of a thing for the purpose for which it is adapted, as distinguished from a possession or employment that is merely temporary or occasional. Anno: 139 ALR 376, 377 (construing statute imposing tax upon sale for use). 47 Am J1st Sales T § 25. The act of employing; the act of using; applying to one's service; the state of being used, employed, applied, etc. Turner v Smith, 269 Ky 840, 108 SW2d 1019, 113 ALR 468. A devise by the husband of all his property to his wife, to administer for her own use and the welfare of the children, creates a trust for the children, of their statutory share, and the words are mandatory, not merely directory. Re Yost (Alberta) [1927] 1 West Week 925 [1927] 2 DLR 1001. A use is where the legal estate of lands was in a certain person, and a trust was also reposed in him that some other person, called the cestui que use, should take and enjoy the rents and profits. Before the Statute of Uses, a use was a mere confidence in a friend, that the feoffee to whom the lands were given should permit the feoffor and his heirs, and such other person as he might designate, to receive the profits of the land. The whole system of uses, however, was changed by the statute 27 Henry VIII Ch 10, known as the Statute of Uses, by which the use was transferred into possession by converting the estate or interest of the cestui que use into a legal estate, and by destroying the intermediate estate of the feoffee. The injustice and inconvenience which followed, caused the lawyers to invent and establish a system of trusts which were recognized as valid by the court of chancery. The Statute of Uses was thereby circumvented. Ware v Richardson, 3 Md 505. In several cases involving life estate's, the word “use” (a word of partial dominion over the property) has been held not to be interpreted as granting the power of consumption to the life tenant. Anno: 108 ALR 571. In a conveyance to it trustee "for the use and benefit" of a church, it was field that there was no implication of a condition, restriction, or negative covenant against alienation, but that the words were merely declaratory of the purposes of the grant. National Surely Co. v Jarrett, 95 W Va 420, 121 SE 291, 36 ALR 1171, 1176. As to meaning of the term "use," it appears in omnibus clause of automobile liability policy, see Anno: 5 ALR2d 607. See shifting use; springing use; Statute of Uses; zoning. II Verb: To employ. To apply to one's service. To occupy. Murphy v Traynor, 110 Colo 466, 135 P2d 230. The words "used in manufacture," as they appear in a statute providing for local taxation of machinery, import a degree of permanence, are of broad significance, and do not lend themselves to a narrow or technical construction. Hamilton Mfg. Co. v Lowell, 274 Mass 477, 175 NE 73, 74 ALR 1213. As to meaning of the term “used or occupied,” as it appears in the provision of a lease relative to a forfeiture where the premises are used for an unlawful purpose, see Anno: 145 ALR 1063.