case boreton against Nicholls and other easter term car roll h a make a feoff  to the use of himself for life remainder to the use of b for life remainder to  the use of the first son beget of the body of b that shall have heir male of  his body and to his heir in continuous and in default of such issue of his  body to the use of the first daughter of b which shall have issue beget of her  body and in default of such issue remainder to the right heir of b the  limitation to the first son give such first son only a estate tail and  therefore the subsequent remainder to the right heir of b become vest in he  post ld raym Com dig Bac Abr peer wms error of a judgement in the common plea  in a ejectment the case be James beck clerk be seize in fee of land in  MoretoninMarsh be the land in question and have issue job his old son and  James his second son and by indenture date the that march James feoff of those  tenement sir Nicholas croak car Overbury and other to the use in the indenture  videlicet to the use of the say James beck clerk the father for his life  without impeachment of waste and after to the use of James beck the second son  for his life remainder after his decease to the use of the first son of the  say James beck the son which shall have issue male of his body and to his a    b vide   Fulwoods case croak car er p heir for ever and for want of such issue  the remainder to the use of the first daughter of the say James beck the son  which shall have issue of her body and to her heir for ever and for default of  such issue the remainder thereof to the right heir of the say James beck the  son for ever they find that James beck clerk the father be seize for life the  remainder to James beck his second son for life the remainder over c prout  that the say James beck clerk the father die seize the say job beck be his son  and heir and that the say job have issue Henry beck the lessor and die that  the say James beck son of the say James beck clerk enter after the death of  his father and have issue James beck and that the say James beck the grandson  die without have issue and that the say James beck the son after the death of  the say James beck his son so seize levy a fine of those tenement sur  cognizance de law come Ceo c with proclamation James to Richard Brett and  William Wheeler who enter by force of the say fine and the say Henry beck the  son of job beck enter upon they and demise to the plaintiff for year upon who  the defendant by the command of the say Richard Brett and William Wheeler  enter and oust the say lessee and that the say James beck son of the say James  beck clerk be yet alive et si super totan means c upon this verdict after  diverse argument in the common plea it be adjudge for the defendant that this  remainder to the young son who shall have issue be but a contingent remainder  and a remainder to the right heir vest in James the son and that his fine be  no cause of forfeiture nor that the say Henry as heir of job may take  advantage of the forfeiture this judgement be move by a writ of error into the  king bench it be once argue at the bar without much difficulty the judgement  be this term affirm croak car trinity term car in the king bench sir Thomas  Richardson Knt chief justice sir William Jones Knt sir George croak Knt sir  Robert Berkley Knt justice William Noy Esq attorney general sir Richard  Sheldon Knt solicitor general