case Horton against Horton Trinity term James roll see roe v Somerset burr  Humphreys v Humphreys l r Eq in re Willatts Ch Ch a condition not to alien a  lease to any but his child be not break by a devise of part of the term to his  son after the death of his wife say vide roll ab dyer Com dig will Cowp a  devise to his heir after the death of his wife give a estate by implication to  the wife roll ab more Plowd hob cro Elizabeth lev side Vaugh vern vern peer  wms Prec Chan burr burr Bl Rep Cowp dougl replevin upon demurrer the case be  Wadham make a lease for year of the land in question upon condition that he  shall not alien to any except his child the lessee devise part of the term to  Burgundy his son after the death of his wife and make one marshal and another  his executor and die the lessor enter as for a breach of the condition and  whether his entry be lawful be the question Gibbs for the plaintiff argue that  it be a forfeiture for by this devise to his son after the death of his wife  the interest thereby be in the mean time give to the wife which be a breach of  the condition war for the defendant argue that it be not any breach first the  devise croak James er p to the son after the death of his wife be not any  devise to the wife in the mean time for the law shall construe croak throw it  to be a devise to the wife when the law intend that he intend it to his wife  and to none other in the mean time but here can be any such construction for  it may be well conceive that he intend it to his executor in the mean time  second the law shall not construe it to be a devise by implication in  destruction of a estate to make a breach of a condition for no tort be to be  suppose by a construction in law three that the devise be void unless it be  show that the executor consent thereto and that he enter by the executor  assent for otherwise it can be a breach of the condition Popham gawdy and  Yelverton hold that it be not a breach of the condition for it be not a devise  to the wife by implication for if it shall be by implication it will make a  forfeiture of the estate and this devise of the land to the son after the  death of the wife be but a demonstration when his estate shall commence and in  the interim the executor may well have it Yelverton say if the devise have be  to the executor after the death of the wife that peradventure may by  implication carry the term to the wife for it appear that his intent be his  executor shall not have it until after the wife death and none other can have  it in the interim wherefore it shall be construe as a devise to her in the  mean time but Popham deny it for in the mean time the executor shall not have  it as legataries but to perform the will and it be a demonstration when the  executor shall have it to their proper use they all agree the case yearbook  Henry pl that a devise to his heir of his land after the death of his wife be  a good devise by implication to the wife for it appear he intend his heir  shall not have it until the death of his wife and none other can have it  beside the wife and therefore it be a good devise to the wife by implication  but if such a devise have be to a stranger after the death of his wife it may  peradventure have be otherwise for the heir in the interim may have have it  but they hold that if the devise be allow to be to the wife by implication  although the executor never assert thereto yet it be a breach of the condition  for he thereby make a alienation and the nonconsenting of a stranger shall not  take away the advantage which the lessor have by this act so it be resolve in  the Lord burough case in this point William say that he be of a contrary  opinion in the principal case but he deliver not any reason wherefore  adjournatur