case III GOODRIGHT against Cornish devise for fifty year to a if a shall so  long live and after to the heir male of a and for default of such issue to b  in tail the remainder to the heir of the body a cro modern report er p of a be  void there be no freehold to support it and the remainder to b take effect  present S c Mod S c salk S c holt S c comb S c skin S c ld ray ejectment  special verdict that in the year one Knowling seize of land in fee have issue  three son I king and r and on the twenty seven of march make his will and  devise his land to his son I for fifty year if the say I shall so long live  and after the determination of the say term then to the heir male of the say I  and for default of such issue to king in tail the remainder to Robert the  three son in tail male remainder to the right heir of the devisor they find  that the devisor die seize that I the son enter and in the three of the king  and queen be suffer a common recovery as tenant to the prcipe bring by one I r  that the recovery be to the use of himself for life and after his death to his  first and every other issue and for default of issue of his body to the  defendant in fee they find that I the son die seize without issue the  defendant enter and die leave I king the lessor of the plaintiff and per  curian I have no estatetail and the recovery do not bind r who have good title  holt chief justice rely on Leon and say that if the word if the old son die  without issue in that case will not make a estate tail by implication in the  old son a strong the word modern report in this case shall not there be a term  for year express give which shall not be drown by implication of law and he  likewise say that remainder limit by the devise to the heir of the body of I  be void have no freehold to support it and that per word de prsenti one can  not devise a estate to the heir of one live but per word de going to be one  may videlicet to the heir of I S after the death of I S and this shall enure  as a executory devise and so Windham hold in the case of snow v cutler where  be hold a devise to a infant in ventre sa mere good per word de going to be  videlicet take after he be bear otherwise per word de prsenti and the  remainder limit to the heir of the body of I be void the next remainder limit  to king must take effect present that this be not a executory devise to the  heir of the body of I it be limit express as a remainder but admit it be so  yet it can vest no estate in I and be die without issue the estate devise to  the heir of his body though it do take effect as a executory devise must be  void