BARROUGHS case use be limit to b with proviso if a during his life do pay or  tender to b pound at the fontstone in the church of S then other use a be bind  to give notice of the time when he will make the tender in the conveyance by  indenture of the assurance of the e e Barton lever case Fenner say that this  case be argue again e and rule that he shall not have deceit because he can be  restore to the benefice after deprivation the opinion of Popham hill Elizabeth  cro Elizabeth be accord and he say that so it be in lckers case adjudge   Orig  defendant dyer a er p possession of Edward Barrough for default of heir male  of his body to his uncle Anthony Barrough and to the heir male of his body and  for default of such heir to the right heir of the say Edward whereof a fine be  levy for that purpose there be a proviso pen by gyles escourt in this for m S  that if Edward b at any time during his life shall be mind to alter the estate  or estate or any use and do pay or cause to be pay or tender unto the say a b  pound at the fontstone within the cathedralchurch of Sarum that then after  such payment or tender unto the say a b at the place aforesaid and in manner  and form aforesaid as well the say e b and a b and the conusees in the fine  and their heir as all other person and their heir shall stand and be seize to  the use of the say e b and of his heir for ever c quaere if a readiness or  tender of the say pound at the place accord to the proviso in the absence of  the say a b or any deputy or servant appoint to receive it for he and no  notice of the time give by e to a before be a sufficient fulfil of the proviso  or not and it seem by the opinion of Wray dyer and manwood not because no day  or time certain be limit to attend the receipt c but derring the life of e in  which be uncertain to a b c beneficiary sue use in the time of e devise the  land to his son and his heir for ever provide that of he die without issue  live his execrators they shall sell this be no estate tail or gift of the land  itself Cestay sue use in the twelve year of e devise by his last will his land  in Enfield to his son to have and hold to he and his heir for ever provide  nevertheless that if he die without issue or issue fail live his executor the  land shall be sell by the executor and the executor die before the devisee and  the heir of the body of the devise suppose the devise to be a estate tail  bring formedon and suppose by the writ and count a general gift of the land in  tail and the esplees in the time of Edward and the tenant plead ne dolce pass  and a jury of Middlesex be at the bar and charge with the issue but the  opinion of the court be against the demandant and that it be not any entail  above nor any gift of the land itself c mich James b r pell and browns case  cro James Bridgm palm roll Rep godb will brown have issue will and Thomas and  devise the land in question to Thomas and his heir for ever pave pound to  Richard another son of will within a year after he come of full age and if  Thomas die without issue live will then will shall have it to he and to his  heir per cur Thomas have a estate in fee conditional and not a estate tail and  this case be adjudge upon this book of dyer and dodderidge justice say that if  though have suffer a common recovery it have bar the remainder upon  contingency but the three other judge against he dyer b er p