ccxxxiii largess case see SC Leon with note in a action upon the case the case  be this a seize of land in fee devise the same to his wife till William his  young son shall come to the age of year the remainder when the say William  shall come to such age of his land in d to his two son Alexander and John the  remainder of his land in c to two other of bis son upon condition quod si some  speaker a son of oneself circumibi to sell earth svan before his say son  William shall attain his say age of year imperpetuum to make away with she and  before such age two of his son lease their part which accrue to they by the  will of their father for year and so from year to year till year be expire it  be argue that Bois that Alexander and John be jointtenants and not tenant in  common notwithstanding the opinion of Audley h Br devise and he argue also  that the say lease from year to year be not within the condition of the devise  for it be not a sale from which they only be restrain and so be it of a  jointure make by any of the son to their wife on the contrary it be argue  because this remainder do not vest present for it be incertain if it shall  vest or not for if William shall die before he come to the age aforesaid it be  conceive that the remainder be void e Fitzherbert formedon a man devise land  to his wife for life so that if the say wife be disturb that the land shall  remain over in fee sure to d here be not any remainder until the wife be  disturb so a devise unto a woman so long as she shall remain sole and that  then it shall remain to b here this remainder shall not begin till the  marriage and this condition of restraint of alienation be good for be be not  altogether restrain but for a time sure until his son shall come to the age of  year as a feoff upon condition that he shall not alien to I S see h Br  mortmain a lease make for year and so from year to year until year be expire  be mortmain and see the statute de religious devotee the word be to pass  through to take before to sell a lease for year be within such word to pass  through to sell also by this lease the will be defraud and where the statute  of Gloucester cap will that if a man alien tenement which he hold by the law  of England with warranty the son shall not be bar and yet if tenant by the  courtesy be seize to who he release with warranty the same be within the say  statute and yet a release and a alienation be Leonard not the same because  they be in the like mischief and if the son may make a lease for year they may  make a lease for year so if the son have acknowledge a statute of such a sum  as amount to the value of the land it have be within the condition it be hold  that where the word be circumibi to sell earth imperpetuum perdert this word  imperpetuum shall be refer to to make away with and not to to sell Fenner this  lease be not within the word sell for if the custom be that a enfant of the  age of year may sell his land yet by that be can devise it note that afterward  the word of the condition set down in the will in English be read videlicet  shall go about to sell his part shall for ever lose the same and then it be  clear that this word imperpetuum shall be refer in construction to to make  away with and not to to sell for this word shall be insert betwixt both  Leonard er p