case vick v Edward Lord chancellor Talbot Eq can ab pl land be devise to a and  b and the heir of the survivor in trust to sell though the inheritance be in  abeyance yet the trustee by a fine may make a good title by estoppel a devise  land to b and c and the survivor of they and the heir of such survivor in  trust to sell the estate be decree to be sell and it be refer to the master to  see whether the party can make a good title the master report that the party  can not make a good title there be no feesimple in the trustee for that the  remainder in fee can only be vest in the survivor and it be uncertain which of  the two trustee will be the survivor whereupon exception be take to the master  report the Lord chancellor hold Reg lib b fol that the trustee join in a fine  of the premise will pass a good title to the purchaser by estoppel Qure if any  thing can operate by way of estoppel in this case because a interest pass see  Inst a b that here the fee be in abeyance and as where the old son of tenant  in tail levy a fine and survive his father though he afterward die without  issue peer William yet this will pass a good title as long as the tenant in  tail have issue and thereby conclude the young son who must derive his descent  from the old notwithstanding the latter at the time of the fine levy have  nothing Bradstock v scovel cro car so in the principal case it be certain one  of these two trustee must be the survivor and entitle to this future interest  consequent his heir claim under he will be estopped by reason of the fine levy  by their ancestor to say part Finis nothing to have although he that levy the  fine have at that time no right or title to the contingent fee vide hark    Litt a note fearne count Rem that Edit vol and it be say by the counsel that  the heir of the devisor will join in the conveyance to the purchaser his  lordship reply that the heir join will supply the want of prove the will but  that in every other respect it will be void and the next day his lordship cite  the case of weal v low in pollexfen report where a fine be adjudge to pass a  estate not vest by way of estoppel and to convey the interest of such estate  which accrue by the contingency happen afterward help v Hereford b a