case callard against callard a father be seize in fee in consideration of his  son marriage say upon the land Eustace stand forth do here reserve a estate  for my own and my wife life give you these my land and Barton to you and your  Ah adjudge on a writ of error not to be a good feoff for that a use can arise  by parole ante Plowd roll Abr hob more   light Com dig Bac Abr wood con pale  yellow use dougl ejection firmce the case upon special verdict be that Thomas  callard be seize in fee of certain land in consideration of a marriage of  Eustace his old son say these word be upon the land Eustace stand forth I do  here reserve a estate for my own and my wife life give you these my land and  Barton to you and your heir the question be if this be a good feoff to Eustace  coke attorneygeneral for the plaintiff there be two point to he consider first  if this shall inure as a croak Elizabeth feoff to the use of Thomas callard  and his wife for their life and after to the use of Eustace and his heir or if  it he a immediate feoff and the reservation void second if it he not a feoff  if the word speak be in consideration of marriage the use shall arise out of  the possession of Thomas and shall execute by the statute of use although it  be without deed first it seem that it be a good feoff and the use shall arise  upon it although the word to keep back be first for so the court be to  consider it to make all to stand together and in Elizabeth hetween hare and  Barton it be adjudge that where one give land to I S reserve a rend to the  feoff and his Ah sahendum to the feoff and his heir the reservation be before  the hahendum yet the feoff be by indenture it be well enough for the law shall  marshal it accord to the intent so here it shall he intend as follow and to  show the intent of the party and not to make it all void second admit that the  reservation be repugnant and it can he no feoff yet the use shall arise and  execute by parole for it be out of the statute of enrollments for this do not  hinder the raise of any use but only upon bargain and sale which shall not  execute by bargain and sale but by indenture enrol but all other use be at the  commonlaw which arise upon consideration upon marriage c I but he do agree  that a use shall not arise upon general word or word speak in going to be but  in prxsenti as to say if you do such a thing I will give you my land but upon  word speak advice and by reason of a valuable and great consideration and  speak in Prcesenti as I do here c   which be a immediate gift and he have see  the record of the case croak Elizabeth er p Elizabeth dyer and the word be  upon communication of a marriage to he have I will assure after my death  OldAcre to my son it be rule no use arise and the reason seem to he that the  word be speak in going to be and therefore if one say to his son in  consideration he be his son I do give you my manor of d this be sufficient to  raise a use for they be word speak with advisement and for consideration it  shall he intend a gift of the land gawdy I have not see any book that at the  commonlaw a use shall arise by parole but in a bargain and sale which be by  reason of the consideration give for the land and that be the reason that a  fee do pass without the word heir and in this case a use shall not arise for  it appear his intent be to pass the land by way of feoff when he say stand  forth I do here give you this land c which be void by way of feoff for the  reservation precede it be repugnant to the be livid or discolored ery for it c  nnoCinure in going to be Fenner the reservation be void and it shall inure to  Eustace present and a use by parole upon good consideration be sufficient  Clench it shall inure as a feoff to the son and a use shall arise to the  father c and so the intent of all the party shall he observe at another day it  be move again and Popham say they be all resolve that judgement shall he give  for the plaintiff who claim under Eustace and be move to show the reason of  their judgement they will not a but gawdy say he be clear of opinion that a  use shall not arise by parole  Popbam and Fenner say they be clear of croak  Elizabeth a contrary opinion and Popham safd that Edward it be adjudge that a  use may rise by parole and he can show the record of it Fenner say it be a  good feoff but will say no more and it be adjudge for the plaintiff a