case more against tarker Michaelmas term will mary roll a father settle his  estate upon his son for life remainder to his first and other son in tail male  reversion to himself in fee and devise that if his wife die in the lifetime of  her husband without issue male he shall have power to make a jointure to any  other wife and for want of issue male of his say son the estate shall remain  to his son by any other wife and his grand daughter shall have l and in case  of failure of issue male by his son the estate shall go to his grandchild and  their heir share and share alike this devise do not convey a estate tail to  his son S c Eq Abr S c ld ray S c skin assumpsit upon a wager be a feign issue  direct by the house of peer the case upon a special verdict find be thus  George Chute the father be seize of the land in question make a settlement  thereof to George his son for life remainder to his first c son in tail male  reversion in fee to George the father who in June make his will as follow as  touch my land and tenement c my will be that if my son wife die during the  life of her husband without issue male that then he shall have power to make a  jointure to any other wife and for want of issue male of his say son then the  land shall be and remain to his son by any other wife and his granddaughter  shall have four thousand pound and in case of failure of issue male by his son  George then all his land shall go to his grandchild and their heir share and  share alike George the father die his son survive and suffer a common recovery  and die without issue male the question be whether those who claim under the  recovery or the grandchild of the testator have the better title that be  whether George the son have only a estate for life or a estate in tail levinz  sergeant argue that the son have a estate tail and that by the recovery the  estate to the granddaughter be bar that it be a estate tail by implication and  it can not be otherwise because the son can not have a feesimple for that be  devise to the granddaughter upon his die without issue male and therefore not  have the fee he must of necessity have the estate tail in the mean time by the  last clause of the will there be nothing devise to he by express word but by  implication and it be no new thing that a estate tail shall arise by  implication especial in a will as for example modern in Michaelmas term in the  nine year of James the first the case upon a special verdict be brown v  Jervies cro James S c Yelv a William brown have modern er p issue John and two  daughter and he have likewise two nephew Matthew and Henry and have land in  several place he devise all to his son and his heir and if he die without  issue then he give his land in one place to Matthew in fee item I devise my  land in WhiteAcre to Henry and his heir and it be adjudge that this be a  limitation by way of remainder to Henry and that the word shall be construe  thus videlicet that Henry shall have the fee if John die without issue now  though there be a express devise of the fee in that case which be not in the  case at bar to the son yet that will make no alteration because the son will  have be entitle to a feesimple by descent have it not be for the will so in  Trinity term in the fourteenth year of James the first the case be web v  herring cro James S c roll Rep S c bridge S c more S c roll Abr b a man have a  wife one son and two daughter and devise his house in London to his son after  the decease of his mother and if his three sister survive their brother and  his heir that then they shall have it for their life remainder over c and it  be hold that the son have a estate tail because the word heir there shall be  intend heir of his body otherwise the limitation to the sister will be void  because then a fee will be limit upon a fee which be against the rule of law  now in this case there be no express devise of any estate to the son and yet  it be adjudge that he have a estate tail by implication it be true in the case  of pell v BrownCro James S c roll Abr a there be a contrary resolution that be  a devise to Thomas his young son and his heir and if he die without issue live  William his old brother that then he shall have it in fee and this be adjudge  a estate in fee in Thomas and no tail the reason give be because William have  only a possibility of have it for it be not devise to he absolute videlicet if  Thomas die without issue but upon contingency videlicet his die without issue  live William the sergeant do not answer this case only say that he have beard  very learned judge affirm that it be a very hard case then he argue that if  the daughter have any title it must be by way of contingent remainder or of a  executory devise it can be the one because the son have do estate of freehold  to support such remainder modern neither can it be the other because a  executory devise be never to arise upon failure of issue male general or  without issue indefinite and in this case there be a estate tail which may  last many generation sir Bartholomew shower contra by the settlement George  the son have but a estate for life and he shall not have a estate tail by  implication by this will because the design of it be only to enable he to make  a jointure to any other wife and to provide for her child but not to enlarge  his estate the word which seem to create a estate tail be and for want of  issue c but the law be otherwise because there be no express estate give to he  by the will before those word it be like the case in Michaelmas term James  where a man devise a estate to his old son for life remainder to the son of  his body lawful beget and if they alien c that then his daughter shall have  the land remainder to his right heir and it be hold that the word son of his  body and first son c be word of purchase roll Abr pl b neither can the word in  case of failure of issue male c create a estate tail see Allanson v clithero  vezey lethieullier v Tracy atk Robinson v Robinson burr Bamfield v Popham Peer  wms Evans v Aitley burr c because those be add to explain what be general and  uncertain express before in Michaelmas term in the first of Elizabeth clement  Frensham tuck v Frensham more S c dyer a S c and S c godb SC bendl pl see also  friend v Boucher Mod Pollexf Peer wms Goodright v Cornish salk Popham v  Banfield salk vern Com dig devise n d devise land to his wife for life  remainder to his cousin and the heir male of his body and if his cousin die  without issue of his body but do not say issue male remainder over in fee the  cousin have issue a daughter only and die and it be modern er p adjudge that  she shall not have the land by these general word it be not a estate tail to  he and the heir of his body in general but to he and the heir male of his body  for the will take effect by the first word which be a guide to those which  follow and there be no more reason why these general word in the case at bar  shall give a estate tail by implication to George Chute the son there be no  particular estate devise to he before than there be in the case abovementioned  why the general word in that case do not make any such estate see  attorneygeneral v suliar Peer wms Vaughan v faner vezey a there be another  case to this purpose Beal v shepherd cro James see also brown case in Chan Bac  Abr b it be a copyholder in fee who make a surrender to the use of his will  and then devise to his wife and if she have issue by he then to the issue c  and if such issue die before age or before his wife or if she have no issue  then c modern and it be hold that she have but a estate for life and can not  dispose the land to her child and accord to these resolution have late case be  adjudge as where a woman have two son by two husband and devise to Thomas her  old son for life and to his issue in tail and if he die without issue then  live to her second son in fee but if he die have issue of his body then live  then to he in fee and it be hold plunket v Holmes side c that though the  reversion descend to hill as heir yet by the limitation of the will he have  but a estate for life which be like the present case videlicet a good  contingent remainder to commence upon his die without issue male curian it  will be impossible to make this a estate tail by tack the estate by the will  to the estate for life in the settlement on purpose to support the contingent  remainder because the settlement and will be two distinct conveyance and  therefore judgement be give that this be not a estate tail