cccxxx the lord mordant and vaux case the Lord mordant bring a action of  trespass against George Vaux and declare of a trespass do in in loco call n  parcel of the manor of Hawarden the case be William Lord Vaux be seize thereof  and thereof levy a fine to the use of the Lord Vaux which now be for life and  after his decease to the use of Ann and Muriel daughter of the Lord Vaux and  their assign until Ambrose Vaux shall return from the part beyond the sea and  shall come to the age of year or die if they shall so long live and after the  return of Ambrose from beyond the sea and the age of year or death whichsoever  of the say day or time shall first happen to the use of the say Ambrose and  the heir of his body beget with diverse remainder over Ambrose return and  Elizabeth before he come of full age for it be not plead that he be of full  age levy a fine to the use of George Vaux the defendant in tail with diverse  remainder over afterward the Lord Vaux be tenant for life feoff the Lord  mordant in fee upon who the say George Vaux enter for a forfeiture upon which  entry the Lord mordant bring the action buck argue for the plaintiff Amb Vaux  have nothing in the land in question until his return from beyond the sea and  his full age and the estate do not begin until both be pass and he say that no  use do arise to Ambrose until the time incur for the time of the beginning be  uncertain and upon a contingent as Elizabeth dyer a make a feoff in fee to the  use of himself for life and after to the use of b who he intend to marry until  the issue which he shall beget on her shall be of the age of year and after  the issue shall come of such age then unto the use of the say b during her  widowhood the husband die without issue the wife enter and her entry hold  lawful but error be bring upon it and also calthrops case be cite to the same  purpose Elizabeth dyer this estate limit to Ambrose do refer to the estate  limit to Muriel and Ann and not to the time for ever the first estate be to be  respect as Elizabeth dyer he in the remainder in fee upon a estate for life  devise it to his wife yield and pay during her natural life yearly shilling  and die live tenant for life the rend shall not begin until the remainder fall  so as the general word refer to the beginning of the estate although the word  imply that the rend shall be pay present and see also such construction  Elizabeth a lease be make for thirty year and four year after the lessor make  another lease by these word our speech Leonard er p year limit to hand over to  go away c habend be Leonard nend a die destroying present time boundary  predict limit usque boundary c and although prima fancy the beginning of this  term seem incertain yet the justice do respect the former estate and so the  lessee have the interest of the term from the make of the deed but no estate  until the first term expire then Ambrose before his age of year levy a fine  the fine shall not bind the feoff for it enures only by way of conclusion and  so bind party and privy but not a stranger and the party needs not to plea  against this fine quod part to the fine nothing to have for that appear upon  their own show Wyatt contrary the state of Ambr accrue and rise when any of  the say time come first full age return death for the word be and after the  return of Ambrose from beyond the sea and the age of year or death c this word  or before death disjoin all and make the sentence in the disjunctive and he  cite a case late judge in the common plea a lease be make to Trewpeny and his  wife for one hundred year if be and his wife or any child or child betwixt  they beget shall so long live the wife die without issue the husband hold the  land c for the disjunctive before child make the sentence disjunctive gawdy  justice that have be law if no such word have be three the case and Wyatt say  that although the return be incertain yet it be certain enough that be shall  come to the age of year or die and also this be by way of use which needs not  to depend upon any estate and if the remainder shall vest present upon his  return then it will be doubtful what remainder it be if it be a remainder  depend upon the estate for the life of Ann and Muriel or for year I e until  Ambrose shall come of the age of year but be it incertain yet the fine be good  for here be a remainder in Ambrose and both be but particular estate and there  be not any doubt but that one may convey by fine or bar by fine such  contingent use for which see the statute of h all fine to be levy of any land  entail in any wise to he that levie the fine or to any his ancestor in  possession reversion c which word use go to contingent use for at the time of  the make of that statute there be no other use Fenner justice remember the  case adjudge m Elizabeth betwixt Johnson and Bellamy which rule this case  gawdy justice here be a certainty upon which the remainder do depend I e the  death of Ambrose but the case have be the more doubtful if no certainty at all  have be in the case Atkinson contrary here the Lord Vaux be tenant for life  the remainder to George in tail now when the Lord Vaux levy a fine this be a  forfeiture and then the entry of George be lawful it have be object on the  other side that this remainder be future and contingent and not vest therefore  nothing pass to George by Ambrose the word be until what time Ambrose shall  return this word until what time be a word of limitation and not of condition  and then the remainder may well rise when the limitation happen it have be say  that this remainder be contingent and then the remainder which be to vest upon  a contingency can be grant or forfeit before that the contingent happen and he  cite the case of Elizabeth dyer a fine be levy to a to the use of b for life  the remainder to e in tail the remainder to b in fee proviso that if b shall  have issue of his body that then after such issue and l pay to c within six  month after the death of such issue the use of the say land after the death of  the say b and the say six month expire shall be to the say b and the heir of  his body and it be hold that before the say contingent happen b have not any  estate tail for there it be incertain if the say contingent will happen but in  our case the contingent or some of they will happen or run out by effluxion of  time and that make the remainder certain in Ambrose and he also argue that the  limitation be several by reason of the this Leonard junctive and the last part  of the sentence and that the say sentence be in the disjunctive appear by the  subsequent word which of the say day or time shall first happen and then the  return of Ambrose for that first happen vest the remainder in he and therefore  the plaintiff ought to be bar Buckley contrary the estate of the daughter do  depend upon a copulative I e the return of Ambrose and his full age and both  be but one limitation it be clear that the first limitation be upon a  contingent and the remainder can vest until both be perform and as to that  which have be say that there be a certain limitation I e the return of Ambrose  Elizabeth the case be land be give to husband and wife the remainder to such  of they as shall Leonard er p survive the other for year the husband make a  lease for year and die it be hold that although the limitation be upon a  certain estate yet because it be not know in which of the party the estate  second limit shall begin the lease be void so here it be not certain appoint  when the estate limit to Ambrose shall begin upon the return full age or death  of Ambrose and he say that here be but two time of limitation first return and  full age second death return and full age determine the estate of the daughter  and also the death if it shall first happen and if these three time shall be  construe in the disjunctive the same will overthrow the estate of the daughter  which be a estate for year determinable upon the death of themselves or  Ambrose the last word of the limitation do not distinguish or disjoin it but  respect the estate precedent and by Clench justice if the use limit to Ambrose  shall depend only upon the limitation of his death the same shall be void for  then he shall not be in be to take but the other justice be of a contrary  opinion and that the use be good h gawdy although that here be three thing yet  but two time for the word be not or at such of the say day or time as shall  first happen for that will alter the case but here these word ought to be  intend as if they be speak before in the limitation of the estate to the  daughter and can divide the former limitation and he say that if by reason  that the limitation upon the death which be certain it shall vest in Ambrose  present then if after the other limitation shall fall then his remainder which  vest in he upon the say certain limitation shall be divest and shall now  accrue to he upon the other limitation which shall be absurd and inconvenient  c it be adjourn I Inst cro blow Com a ante Len Len trin Elizabeth in the king  bench