case thomlinson against Dighton see S c p wms e r with note if a testator  devise land to his wife for life and then to be at her disposal provide it be  to any of his child the wife take only a estate for life and a conveyance by  lease and release and fine to a trustee to the use of herself for life without  impeachment of waste with remainder to her daughter by the testator in tail  with remainder to her son by the testator in fee be a good execution of the  power S c ante S c salk S c Eq Abr S c Peer wms Parker chief justice deliver  the resolution of the court to the follow effect there be two question in this  casethe first be whether the wife by this devise take a estate in fee or for  life?And second whether her power be well execute modern report as to the  first question we be all of opinion that she take but a estate for her life  because the will express give her a estate for life and the power of disposal  do not at all alter her estate because it be a distinct clause the case rely  upon by the court for their opinion in this point be a anonymous case in  Leonard a Leon see also Highman v baker cro Elizabeth a upon which great  stress be lie the case of Daniel v Uply b Jones latch Noy b and the case of  sir Richard Saltonstall c lev c devise to a wife for life with a power to  dispose of it to which of her child she please as to the second question we be  all of opinion that the power be well execute for as to the first objection  that the power be extinguish by the fine it may be answer that if the power be  well execute it be execute by the deed which be antecedent to the fine and  therefore it be impossible for the power to be extinguish by the fine modern  report er p as to the second objection that the power ought to have be execute  by will and not by deed which be build upon the word then import as they say  that very instant of time when her estate determine then and not till then her  power enable her to dispose and which must necessary be do by will to this  objection we answer first that the word of the power do not express mention  any particular way of conveyance by which this power shall be execute but  leave it indifferent Hobart say d hob d that all form and circumstance of  power be to be observe but then it be add that this be to be understand of  such form and circumstance as be express not imagine now here no particular  sort of conveyance be express that case last mention in Hobart be indeed the  reverse of this for there the question be concern the power of revocation but  here modern report of the execution however it fit the present case for there  the question be whether a revocation can be execute by will for from the word  of the proviso then and thenceforth it be argue that no revocation can be good  that be do by will for a will as be say be revocable and be of no force at all  until the death of the testator whereas it be urge that the proviso say then  and from thenceforth videlicet from the time of seal c the use shall be  execute which a will can do but the court hold the power of revocation may be  execute by will and that the word then and thenceforth shall be reject as  surplusage second the word then refer to the remain of the land and not to the  time of the dispose they videlicet that then her disposal when so make shall  take effect three then be equivalent to after her death which show it can be  do by will as to the three objection that it be execute by a conveyance to the  party and not trustee we answer that these power be execute by all sort of  conveyance roll dike v Richard Ventris king v Helling as to the four objection  that this conveyance leave in her a estate for life without impeachment of  waste which be not in her power to do we answer the child will be in not by  virtue of her conveyance but by the will and so will overreach her estate  without impeachment of waste and consequent that clause in the conveyance  without impeachment of waste will have no operation for the child may  notwithstanding bring a action of waste against her modern report hilary term  the ten of queen whether in the queen bench sir Thomas Parker Knt chief  justice sir Littleton powys Knt sir Robert Eyre Knt sir Thomas powys Knt  justice sir Edward Northey Knt attorney general sir Robert Raymond Knt  solicitor general