case brown against peys a man have two manor devise the manor of X to the old  son of a in fee the manor of you to b for life with remainder to such of a s  child as shall then he alive and have the manor of X the devisee of X enter  and alien and then b die live the old son of a the manor of you shall go to  the heir of the devisor   L rt   light a trespass upon a special verdict the  case be John warners be seize of the manor of warners and of Churchhall and  devise the manor of warners to the old son of his cousin Richard foster in fee  and devise the manor of Churchhall to one Margery water for life remainder  thereof to such of my cousin Richard foster child as shall then he alive and  have the manor of warners and die the old son of Richard foster croak  Elizabeth enter into the manor of warners and alien to Lord rich in fee  afterward Marzer water die the old son of Richard foster then live and whether  he shall have the manor of Churchhall or any other of the son of the say  Richard foster or whether the heir of the devisor shall have it be the  question Warherton sergeant argue for the plaintiff that the old son of foster  notwithstanding that he have alien the manor of warners so as he have it not  at the time of the death of Margery yet by the intendment of the will shall  have the manor of Churchhall for the word of the will be and if she die any of  my cousin foster child then live which shall have the manor of warners he to  have the manor of Churchball be word be demonstrative to show that he who  shall have the manor of warners shall have the manor of Churchhall and the  party be sufficient show although he have alien the manor before as Elizabeth  dyer devise to jane his daughter be good although she be a bastard so hill  Elizabeth rot in the queen bench betwixt chapman and Thomson a man devise land  which he have buy of one Kingsmill who have sell it to another and he to the  devisor yet it be a good devise and although he have alien it yet he be the  party who have it as tenant in dower or tenant by the courtesy although they  alien their estate yet they shall he sue in waste and if in this case the old  son have be seize or evict from the manor of warners it be not reason he shall  lose the benefit of Churchhall also wherefore c but all the court after  argument on all side resolve to the contrary for in will the word ought to be  observe as near to the intent as may he and therefore the devise be to one of  Richard foster child his child child shall not have it for it be out of the  word it ought also to he such a child as then shall have the manor of warners  for there be two description who shall have it and both of they ought to meet  together at the time of the devise execute otherwise he shall not take thereby  videlicet he ought to be a child and such a child as then croak Elizabeth er p  shall have the manor of warners for his intent be that both manor shall go  together therefore it be adjudge accord for the defendant