case well against Fenton Hilary term Elizabeth roll a fine levy to the use of  a for life with remainder for life after his decease to the use of his wife  who shall he be good and the contingency be not destroy by a subsequent fine  levy by the husband and wife to a stranger in fee or by herdisclaimer when the  contingency happen more ejection firmce upon a special verdict the case be sir  Ralph Egerton seize in fee levy a fine to the use of himself for life and  after to the use of his wife who shall he at the time of his death for life  remainder to Edward Egerton in tailSir Ralph Egerton take to wife Alice he and  Alice his wife by fine recite that a of Westminster c croak Elizabeth er p he  be tenant for life remainder to the say Alice for croak Elizabeth life give it  to a stranger in fee who render it to the husband for life remainder to Fenton  for sixty year remainder to the right heir of the husband the husband die the  say Alice be then his feme survive and disclaim to have any thing in the land  Edward Egerton enter and let we to the defendant she take another husband and  they make a lease to the plaintiff upon all these matter disclose three point  be move first whether this contingent remainder to his wife who shall he be  good for although such a contingent remainder may he by way of limitation of a  estate of land in be yet it can be of a use for the statute of Henry c do not  execute use but those only which be in be and preserve not any contingent use  for no seize continue to preserve they and of that opinion be Anderson but  Walmsley and Warherton contra for it be good at the time of the limitation and  stand with the rule of the commonlaw and for the benefit of the commonwealth  that such limitation for jointure shall be good and therefore the law preserve  and regard they unless there he some I a act afterward do to destroy they but  a use limit to I S until a prcecipe he bring and then to the use of I d this  contingent use to I d be against law and justice to defraud a prcecipe and  therefore be void second whether by the joinder in this fine the feme have  give her possibility so as she can afterward claim it Walmsley hold that she  have not for she have not any estate nor be there any certain person who may  have it for it be unto her who shall he his wife at the time of death and it  be not know who that shall he but where the person be certain although the  estate he but in possibility there peradventure she may have exclude herself  thereof three whether by this waiver in the country she have exclude herself  to have the estate?To these two matter the other justice speak not by reason  of a default he the plead wherefore the demurrer be waive and the party plead  to issue that there may he a special verdict and a special verdict be find and  adjudge for the plaintiff