case parson against peacock a executory devise to two upon a contingent of a  three die in the lifetime of those two S c Eq Abr replevin the defendant avow  for a rend charge devise by his grandfather to his uncle and his heir which be  now descend on he this avowant the plaintiff in his replication confess the  devise but set forth a clause in the same will by which the rentcharge be to  cease modern report the case be thus a be seize in fee and have three son  devise blackacre to Giles his old son and to his heir and WhiteAcre to Edward  his second son and his heir and a rentcharge of fifty pound a year issue out  of white acre to Roger his young son and his heir proviso that if either of  his son shall die without issue live the other two so as his estate in land  shall come to the other two son then the rend shall cease Giles die leave  issue John peacock the defendant and Roger die without issue this contingency  can never happen because Giles have issue and be be dead and Roger likewise  without issue their estate in land can never come to two where Edward alone be  survive therefore the rentcharge must descend to the defendant as heir at law  be the son of Giles the old son of the testator for this be a executory devise  to two on the contingency of one die in the lifetime of the other two which  contingency must arise wit in the compass of one life otherwise it be void for  it be plain that the testator intend this benefit of survivorship during his  son life only and the court be of that opinion judgement be give for the  defendant modern report er p memorandum case memorandum sir John Pratt chief  justice of the court of king bench die on Wednesday the twentyfourth day of  February he be succeed on the three of march follow by sir Robert Raymond  knight easter term the eleven of George the first in the king bench sir Robert  Raymond Knt chief justice sir Littleton powys Knt sir John fortescue aland Knt  James Reynolds Esq justice sir Philip York Knt attorneygeneral sir clement  Wearg Knt solicitor general