case woodcock against woodcock Hilary term Elizabeth roll a devise a lease for  year to his daughter for life and if she shall die before his son then the  remainder over to he on his make such a allowance as certain person shall name  the daughter die possess within the term the son enter without any allowance  have be name adjudge that the remainder over be void for that the entire term  vest in the daughter but that if it have not the estate limit to the son be  upon a condition subsequent dyer more   blow   cro James vent Cas Charles Mod  salk vern Com dig partition upon a special verdict the case be that one James  woodcock father of the plaintiff and defendant be possess of a lease for year  of a house call paradise and of diverse other lease and have issue John  woodcock the plaintiff and Samuel woodcock the defendant and Thomasine a  daughter and by his will devise that his daughter shall have the say house for  her life and if she chance to die before Samuel my son then I will that Samuel  my son shall have it upon such reasonable composition as shall he thoughtfit  by my overseer allow to my other executor such reasonable rate as shall be  though meet by my overseer and he devise all his other land and good to his  executor a make the plaintiff and defendant his executor and I S and t d his  overseer and die Thomasine enter by the assent of the executor and die during  the term Samuel woodcock enter claim it as legatee without any composition  make with the overseer and no sum be appoint by they to he pay and bring a  writ of partition against the other executor suppose that they hold joint as  legatee and upon a non tenet pro undivided plead all this matter be find nl si  c the first question move be whether the daughter by this devise have the  entire term so as it shall go to her administrator or whether the remaindek of  the term limit to Samuel be good to give the residue of the term to he second  whether this estate limit to Samuel he upon a condition precedent so as he  ought first to have compound with the overseer and to procure they to set down  what rate he shall croak Elizabeth pay or whether it be a condition subsequent  that if he pay not what they set down it shall he a determination of his  estate Warherton for the defendant argue that as to the first it be a good  limitation of the remainder to Samuel accord to the intent of the devisor for  it be a particular limitation to the daughter and therefore in easter term  Elizabeth roll a it be adjudge that where one devise a term to his feme for  life and after to his child not provide for and the term be afterward sell  upon a execution for the debt of the feme and afterward the feme die during  the term it be adjudge that notwithstanding this alienation the child of the  devisor shall have the residue of that term but as to the second point he move  that this estate be vest in Samuel and the condition be subsequent and the  estate be not defeat until the overseer appoint what he shall pay and he fail  in payment thereof Walmsley it be a strange case that the devise of a term for  life remainder over shall he a good remainder by the exposition of a will to  make the first devisee to have so many of the year as she shall live and he in  the remainder the residue for every one who have term ought to have a  certainty of estate in the beginning and end thereof and heyond such bind it  ought not to extend and those bind to he such as he may claim it certain in  waste the lessor ought to count that he have the entire estate so he have the  entire term and then a remainder over be void as a devise in fee the remainder  over the remainder be void so a devise of a term to one and his heir the  limitation of the heir be void so here when he devise the entire term to the  daughter he have nothing leave in he thereof to devise to another and a    croak Elizabeth er p whereas it be say that it be but a special property in  the first devisee and the general property remain in the devisor to devise  over the remainder notwithstanding be not good for then it be a devise of the  term of the daughter which be not good because the term devise unto her be  uncertain and because the law will not presume that there shall he a  continuance of the term after the death of the daughter and here I not any  special limitation to the daughter wherefore the remainder be void but there  be diverse judgement against my opinion but upon what reason I understand hot  and as to the second part he conceive that the estate be precedent in Samuel  and the condition subsequent and the condition be extinct because Samuel be  one of the executor who shall take advantage thereof wherefore partition lie  not Anderson by the devise the whole term I to the daughter and although a  devise ought to be expound accord to the intent of the devisor yet his intent  ought to he guide by the law and if such adevisee he oust and be to bring his  action he ought to show the certainty of his estate which be the entire estate  and then if the daughter have the entire estate the devise to he in remainder  be void as if a thin shall grant so much of his term as shall he after his  death or if a man shall devise so much of his term as shall he to come after  the death of I S it be void so here and of that opinion be Kingsmil for that  he devise the term to his daughter for her life that be the entire term croak  Elizabeth and the remainder be void a and they agree that the estate be  precedent and that the overseer may make agreement with he at any time and  therefore partition lie not et adjournatur