case soul against Gerrard Michaelmas term pound Elizabeth roll a devise to one  of four son and his heir for ever and if he die within age or without issue to  his three other son joint the devisee have issue a daughter and die within age  adjudge that he take a n estate tail more   b cro James bridge yely roll Abr  pale yellow Mv Ravm Bulst salk ld raym Peer will I stram stram Cowp dougl term  Rep cro James ejection firm upon not guilty plead a special verdict be find  that Richard baker be seize of his land in fee and hold it in socage and have  issue four son and devise it to Richard one of his son and his heir for ever  and if Richard die within the age of oneandtwenty year or without issue that  then the land shall he knight valley divide among his three other son the  devisor die Richard the devisee have issue mary and die within age the three  son enter and let it to the plaintiff the defendant by mary command oust he  Glanville for the plaintiff it have be object that this remainder shall not  take effect unless Richard die without issue and within age for this  disjunctive or shall he take for the copulative and but that can he for that  be to construe the intent against the direct word of the devisor which never  shall he Secondly it have be object that this remainder be limit to depend  upon a feesimple which can he I agree that at the commonlaw as Henry pl and  Henry dyer a remainder can be limit to depend upon a feesimple but after the  Henry c it well may for the statute give liberty to every owner to dispose of  his land by devise at his will and pleasure so thereby the land ought to pass  accord to the will of the devisor for so the Act of parliament will and as a  remainder may he limit to depend upon a fee by Act of parliament so it may by  a will which be to he construe in such manner and this be the opinion of  Monson in Plowden and here if it can be good by way of remainder yet it shall  he as a several devise so that the remainder limit shall he as a several  devise and as a revocation of the first estate after such a act do croak  Elizabeth er p which may well he Anderson the word in the Act of parliament  that he may dispose at his will and pleasdre be not to he construe so large as  have be say but he may dispose at his will and pleasure so as it he accord to  the rule of law otherwise it be a vain will and if other construction shall he  make thereof there will many absurdity ensue thereupon in this case if the  limitation have be single videlicet I if he die without issue then c it be  plain that it be a estate tail for that show what heir ought to have it and  croak Elizabeth explain the former limitation old woman be not repugnant  thereto and I conceive that this part of the limitation if he die within age  be utter void for a remainder can depend upon a fee and then it be all one as  if t limitation have be single if he die without issue so Richard have a  estate tail which descend to his daughter and so the defendant entry be lawful  wherefore c Walmsley the word in the statute ilat his will and pleasure be to  he construe that he be enable thereby to devise by his will to what person  what quantity of land and what estate he will accord to the rule of law but it  enable he not to make any devise against the rule of law and here the devisor  have give a fee so as nothing remain unto he wherefore he can to that intent  fimit a remainder over for if so a former title and estate will thereby he  defeat by a new one which be against all the ground of law whereby a remainder  be void which de end upon a fee a but it see meth here that Richard have a  estate tail by the word two and if he die without issue c he conceive also  that if the remainder may pass upon his die within age yet it co uld not he  until he die without issue also for the word be if he die within age or die  without be we c this then which show the beginning of the remainder shall he  when he die without issue and not before so it be all one as if the  disjunctive or have be a copulative b wherefore the plaintiff shall he bar  Heaumond accord the statute that he may dispose at his will and pleasure go as  well to act execute as to devise but those ought always to he so intend as  that they may stand with the rule of law otherwise his will be vain wherefore  this remainder to begin uporf the die within age be vain so as the first part  of the will be of no value then the second part make that the devisee have a  estate tail although it be in a deed as Henry pl and assize strong in case of  a devise wherefore c Owen accord that the remainder can begin upon the first  part of the limitation no more than if it have be upon a conveyance or grant  but that be void then the other part make it a estate tail and I agree that if  the remainder may commence upon the first limitation yet it ought not to  commence by the word and intent until the other part he perform also videlicet  that the devisee die without issue wherefore here the estate be in the  daughter and it be adjudge for the defendant