audley case a make a feoff in h to the intent of perform his will afterward by  indenture he declare his will to be that the feoff shall stand seize to the  payment of his debt and afterward convey back a estatetail to he and his wife  no reconveyance be ever make by the feoff this use be not change and the feoff  hold to the use of the heir general of a James Audley knight Lord Audley who  be attaint in the time of Henry for a insurrection at Blackheathfield in the  eight year of the say king feoff William hody chief baron of the exchequer  Hugh Luttrell knight and other of the manor of Nether stowage and diverse  other manor in the county of Somerset to they and their heir in fee and  afterward by indenture recite in English the date of the deed of feoff  aforesaid and the feoff to have be make to the intent that they with the same  manor shall perform his will endow the that my will be that the say by body of  the revenue c shall receive such money as they have lend he I quiz one hundred  end and also to stand seize to the payment of my debt upon bill ascribe with  my hand wind also the say feoff after my debt pay shall make estate to one the  say sir James Bradley and to Joan my wife and to the heir male of my body by  upon her lawful beget and for lack of such issue to I heir for ever in witness  c to this will c which James have issue then by another wife and afterward he  have issue one James by the say second wife S Joan and no estate be ever  convey back bit the say feoff whether the use be change immediate by the  abovesaid word be the great question between the say James Audley the son and  the heir general of Lord Audley east hiz in the case of Hummerston which be  cite folio a pl one point be on a recovery be suffer to the intent that the  recoverer shall make estate to Hummerston and his wife for their life  remainder older man pvero in tail remainder over and it be agree that after  the recovery suffer the recoverer shall be seize to their own use for if they  be seize to the use of Hummerston then they can not make the estate but by  Southcot and Wray they ought to do this in convenient time otherwise a use  will be raise in he against who the recovery be have and they agree that the  word intent be a good word to create a use but not present as the case here be  and Elizabeth Betnam v Bateston Leon in ejection strong one point among other  be a fine be levy and indenture lead the use and the word be the fine be levy  to the intent that they shall make a estate to humh to who I e the father who  be the confessor shall name and there be a proviso in the end of the indenture  that the conusee shall not be seize to any other use except unto that use  specify and hold by all the justice that it shall be to the use of the  conusees themselves immediate as above and after the nomination they shall be  seize to the use of whomever he name and if I e die without nomination then  the law will settle the use in his heir and as it seem by the opinion of  several sergeant and dyer b er p judge no use be change above because it be  not a last will but a intent c and although the feoff shall be seize to the  use of the feoff and his heir because there be no consideration that they  shall be seize to their own use this can make a new use of a entail to James  and Joan his wife without estate convey to they because the wife be a stranger  to the land and to the ancient use c and note that this can be a testament or  a last will to take effect by death for it appear that the estate ought to  have be execute in the life of the testator c and the case be again move in  the second year of queen Elizabeth in Hilary term at sergeant inn by the  lordtreasurer and by the subtreasurer and chancellor of the exchequer to all  the judge who think the law as above and in Michaelmas term in the three and  four year before the lordkeeper of the great seal and the other judge and  order as above until proof be make of make back the estate to James and Joan  see more easter Elizabeth fol b pl