could keep her wishes secret until her death when her will would be read, and would prevail. This was a way to defeat primogeniture inheritance. Example 5: Uses were so common by the middle of the fifteenth century that they were presumed to be in existence even if no intention could be proved. If Martin granted Blackacre to Martha, and she could show no consideration (that is, that she paid for it), then Martha would be considered in equity to be the feoffee to unspecified uses to be announced at Martin's discretion. If Martin sold Blackacre to Martha, but did not go through the formal routines of feoffment to complete the conveyance, Martha could not become the legal owner. But in equity, Martin held the land to the cestui que use of Martha. It would have been unconscionable for him to do otherwise having taken her money for the sale of Blackacre. Example 6: Albert might convey Blackacre to Richard for the use of Jane. In this case, Richard was called the "feoffee or trustee [of uses]". This device (any trust) separated legal from beneficial ownership. Cestui que as a method of fraud In this context, the term is used to mean the trust itself. From the Doctor and Student (1518) "It will be somewhat long and peradventure somewhat tedious to show all the causes particularly." By the fifteenth century, was a vehicle to defraud creditors. The main use was to leave land, or parts of land, to members of the family other than the primary heir. This was a way to avoid primogeniture inheritance, or to ensure it in cases where the estate would be partitioned among heiresses when there is no son to inherit. While the use was intact, the occupant of the land could take advantage of the to avoid the feudal payments and duties (incidents). Incidents such as wardship, marriage penalties and other gifts, taxes, fines, fees, and knight service were onerous. This was particularly true of wardship, because most other feudal dues had fallen from practice by the late Middle Ages. Common law did not recognize as such, and there was difficulty fitting these cases into the existing writs and case law. By the mid-fifteenth century most of the cases at Chancery, which dealt with equity law, involved land use. The incidents could not be enforced against a person who was on a Crusade or