case page against hayward see Pelham Clinton v duke of Newcastle Ch a c tenant  in tail and remainderman join in make a tenant to the prcipe who vouch they  joint and they vouch over the common vouchee S c salk S c Eq ab S c salk S c  holt S c Pigot on Rec Nicholas Searle devise his estate to his niece mary  Bryant and the heir male of her body upon condition and provide that she  intermarry with and have issue male by one surname Searle and in default of  both of the say condition he devise to Elizabeth Bryant in the same manner and  in defect thereof he devise to George Searle for sixty year if he so long live  remainder to the heir male of the body of the say George and their issue male  for ever mary and Elizabeth and her husband for she have then marry one cliff  join in a fine to make a tenant to the prcipe who be one Isaac Saverey Isaac  Saverey vouch mary Bryant Elizabeth cliff and her husband and the wife of the  testator with her husband she be again marry and vouch they all joint and they  vouch over the common vouchee two general question be first concern the estate  the sister take second whether the recovery suffer be sufficient to dock the  tail and resolve per curian first that mary take a estatetail in possession  and the other a estatetail in remainder a it be adjudge by the whole court  first that the estate devise to mary be a good estate in special tail that be  to her and the heir male of her body beget by a Searle second that the word  upon condition c though express word of condition shall be take to be word of  limitation three that the estatetail of mary do not cease by marry a person  who name be not Searle because she may possible survive her first husband and  afterward marry a person of the name of Searle fourthly that if the estate  have be devise to mary and the heir male of her body by a Searle to be beget  provide and upon condition that if she marry any other person but a Searle the  estate shall go over a common recovery suffer before marriage will bar the  estatetail and remainder and the court take a difference between a collateral  condition and a condition which run with the land for if a donor receive a  rend with a condition to reenter a recovery will not bar it aliter if the  condition be to reenter for nonpayment of a sum in gross cruise on recovery  see also Gulliver v Ashby burr Fearne driver v Edgar Cowp a see   light b  Edward modern report er p holt chief justice also say the statute de gift be  not to be take strict but all limitation within the meaning of the statute  ought to be support word of a express condition shall not ordinary be construe  as a limitation but where a estate be to remain over for breach of a condition  which be by express word of a condition yet it ought to be intend as a  limitation suppose a prcipe be bring against tenant in tail and a stranger be  this a flaw sure no such a recovery I hold good second I hold tenant in tail  may well make a tenant to the prcipe a see this case report very full Pigot on  recov see also leech v coal cro Elizabeth a judgement be give that the  recovery bar the estatetale b cruise on recov b