case carter against Horner Hilary term will mary roll if a testator seize of  freehold and copyhold land devise all the rest residue and remainder of his  estate to his wife and child equal to be divide among they the word estate  signify the interest he have in the land and passes a fee S c Eq Abr S c show  a action on the case be bring on a wager wherein the plaintiff declare that  there be a discourse between he and the defendant concern a message in Cookham  whereof Edward darling be seize in fee and likewise concern a will which the  defendant affirm to be publish by the say Edward darling by which he devise  his estate have a wife and four child in these word all and singular the rest  residue and remainder of my estate of what kind nature or quality soever  whether freehold or copyhold which I intend to surrender to the use of my will  lease good plate debt and chattel I give and devise to Elizabeth darling my  wife and to George Edward Elizabeth and mary darling in such manner and form  as hereinafter be mention that be to say one three part to my wife the other  two three to my say child equal to be divide share and share alike the  testator further devise that the share of George shall be keep entire till he  be of full age and if any happen to die before twentyone then to the survivor  and equal to be divide Edward die Elizabeth survive and George die before  twentyone modern the question be whether Elizabeth the mother have a estate  for life or in fee by virtue of this will it be say she have a estate in fee  upon this difference videlicet if the testator have be entitle to land in fee  and likewise to mortgage land not forfeit and have devise his land in fee to  his brother and all the rest of his lease mortgage and estate debt and duty c  of which he be possess c there the word estate be put among chattel shall only  carry a estate for life and the rather because of the word possess Wilkinson v  Maryland cro car roll Abr a but where the word estate stand by itself and be  not mingle among personal thing as for instance where a man be seize in fee  devise his whole estate there the word estate extend to the land and the  devisee shall take it in feeStiles Mod b for it be a word which comprehend not  only the land itself but all the interest the testator have in it e contra the  word estate signify the land and not the interest which the testator have in  it and be in a will that word must be construe accord to the common and know  acceptation of it which import the land itself and not the estate modern er p  which he have in the land and therefore a estate for life only passes the word  which follow videlicet of what nature kind or quality soever be a further  description of the thing devise which be the land and of what tenure it may be  so that the testator have not leave it to the general construction what shall  pass by the word CC estate alone thus it be in a grant as if a lease be make  to a remainder to b in tail remainder to the right heir of b who bargain and  sell all his estate to d nothing passes to he but during the life of the  grantor while the estate tail be in be Leon pl c it be true by a devise of the  whole estate it have be hold that a fee passes but it be upon a different  reason from the case at bar for it be devise c pay debt and legacy and it  happen that the personal estate be not sufficient to do either Adjournatur it  be say SC Eq Abr it be hold that the word estate must signify the interest the  testator have in the land and so pass a fee see hogan v Jackson Cowp Loveacres  v blight Cowp den v gaskin Cowp right v Sidebottom dougl Cowper v Martin term  Rep Fletcher v Smiton term Rep Burket v chapman h Bl Rep dally v king h Bl Rep  d