Bulstrode RETHERICK plaintiff against chapel defendant enter Hillar James b r  rot in a action of trespass and ejectment in a action of trespass and  ejectment for a house and the moiety of a tenement upon not guilty plead a  special verdict be give and upon the special verdict the case appear to be  this that one be possess of a lease for year make his last will and testament  and by this his will he do devise in this manner that his wife shall have the  occupation manurance and profit of the house and land to he lease if she shall  live so long unmarried and inhabit in the say house and if she marry or die  within the term that then Robert his old son shall have the occupation of the  same for so long time as he shall live and shall have issue of his body and  during the same time repair the same and if he die without issue during the  say term that then jasper another of his son to have this for so long time as  he shall live and have issue of his body this matter come in queStiOll between  the executor of jasper the three in remainder and a devisee which of they  shall have it the sole question be whether such a remainder in this manner  limit be good or not William justice Matthew anningo case coke pars fol be a  strong case than this be this remainder be early good if no interruption be  make to hinder the same by those who have the particular and present estate  and so be it adjudge in price and Atmores case here in this court Trin James  where a sale be make by one of those who have the particular estate in  possession the which act have destroy the particular estate in remainder and  accord to this be Welkdens case in Plowdens commentary and so in this case  judgement you he to be give for the plaintiff claim under the title of the  remainder the remainder be good no interruption be make before to hinder the  same the whole court agree herein that judgement be to be give for the  plaintiff if cause be not show to the contrary afterward this matter be move  again for the opinion of the court touch the manner of enter the judgement to  avoid error the ejection strong be bring of a house and of the moiety of a  tenement whereas the same lie not for a moiety a verdict find for the  plaintiff and entire damage give dodderidge justice a man man be eject of a  tenement but a ejection of Firmum jyeth not of a tenement in Elizabeth dyer  fol plea Clifford case where a writ be bring by he de ejection custodim land  bmredis a verdict give for the plaintiff and damage give accord it be move in  arrest of judgement that the action jyeth not pro custodian heir send pro  custodian terrm so much and because damage and cost be entire assess the  plaintiff there relinquish his damage and cost and pray his judgement for the  ejectment of the land and so have his judgement accord and so in this case the  verdict be give for the plaintiff and damage entire assess and because the  ejection strong jyeth Bulstrode er p not for the tenement the court be move in  what manner the judgement shall be enter and to avoid error for the future the  plaintiff offer to release his damage dnd to take his judgement for the  residue but the court will be further advice touch the manner of the enter of  the judgement afterward termin Hillar James b r the court be move again in  this case for the manner of enter the judgement Yelverton for the plaintiff  move the court that be may release his damage and take his judgement for the  house Bulstrode only dodderidge justice the plaintiff here may well release  his damage and take his judgement for the house accord to Clifords case  Elizabeth dyer and so the plaintiff may do here in this case Fleming chief  justice croak justice agree herein that the plaintiff relinquisbing of his  damage may take his judgement for the residue for which the ejection strong  jyeth and so the plaintiff release of his damage and pray judge mean for the  residue a entry of this be make accord and by the rule of the court the  plaintiff have his judgement enter only for the house