case salmon vers denham all in c b a devise to a man desire he to pay a sum in  gross carry a fee this be a action of ejectment upon the demise of Stephen  sanderson and a second demise be allege by Thomas sanderson upon not guilty  plead the jury at York assize on the second demise find the defendant not  guilty as to the first devise they find special that John little be seize in  fee have three sister Elizabeth Dorothy and jane that jane marry William brown  by who she have issue William John Hannah mary and Dorothy that Hannah comens  marry Stephen sanderson the lessor of the plaintiff by who she have issue  Thomas comens er p sanderson the second lessor now alive that John little be  seize by his will date the that of September devise other land to Thomas  chapel his sister son and the heir of his body remainder to William brown John  brown Thomas Mitchel and George Scarf his sister son and their heir pay yearly  to Elizabeth Scarf during her life other land he devise to William brown and  the heir of his body and for want of such issue to John brown Thomas chapel  Thomas Mitchell and George Scarf and their heir then he add these word item I  give my house and land which be the land in question to John brown the say  William brown pay to Elizabeth Scarf yearly during her life and the say John  brown pay to the say Elizabeth Scarf yearly during her life other land he  devise to George Scarf and the heir of his body remainder to William brown  John brown Thomas chapel Thomas Mitchel and their heir then he devise several  legacy and devise several land to be sell for the payment of his debt and  legacy and afterward add this clause if the land I have assign to be sell and  my personal estate will not hold out to pay my debt and legacy what shall be  unpay shall be pay out of the proportion of the land I have give to William  brown John brown and George Scarf the jury find that John little die and his  sister Elizabeth and Dorothy and William brown the son and heir of jane the  other sister be his heir that Elizabeth die have issue now alive that Dorothy  die without issue that William brown heir of jane die without issue and  afterward John brown die without issue and comens after his death Stephen  sanderson in right of Hannah his wife enter on the land devise to John brown  and that afterward Hannah die Dorothy and mary be now live that the land in  question devise to John brown be per annum and no more and if upon the whole  the court be of opinion for the plaintiff they find for the plaintiff  otherwise for the defendant and after argument by sergeant Pengelly for the  plaintiff and sergeant win for the defendant it be now argue by myself for the  plaintiff and by sergeant Cheshire for the defendant and for the plaintiff it  be insist that the lessor of the plaintiff have title wherever way for if John  brown have only a estate for life he be only entitle to a five part of the  reversion if he have a estate in fee he be entitle to a three part and it be  argue that the lessor of the plaintiff ought to have a three part for that  John brown by this devise take a estate in fee for if a man devise land  without limit any estate the devisee pay a sum in gross this shall be by  construction a estate in fee this be settle bro title estate pl title  testament pl cro Elizabeth   wellock and Hammond   a collier case cro and roll  pl and in many other case and though in this case the devise to John brown be  pay per annum to Elizabeth Scarf during her life this make no difference for  it be a sum in gross and be to continue during the life of Elizabeth Scarf and  therefore it must be in fee otherwise the estate devise may determine before  the life of Elizabeth to who the a year be Payable in the case of web and  herring cro there be a devise to his son and if his three daughter outlive his  son and his heir they to have for life and then I give the same to my sister  they to pay S yearly to the merchanttailors comens company and if they deny  payment the company to enter it be adjudge that the sister have a fee so godb  S c a cro roll SC spicer versus spicer a devise to his wife for life pay per  annum out of the profit to Thomas for his life and if she die before Thomas to  his son Richard he likewise pay a year to Thomas for his life and S to his  sister roll report it that it be S yearly to l for life and it be resolve that  Richard have a fee for the S be a sum collateral and do not issue out of the  land and the value be not material for if it be only a penny to be pay it be a  collateral sum which do not issue out of the profit the devisee shall have a  fee Houghton say for this reason because the devisee who be to pay to l during  his life must have a estate to continue during the life of l and therefore  must have a great estate than for his own life for l may survive he comens er  p so in the case car read v over Hatton keb Freem S c b Poll Mod a devise to  Robert his son upon condition that he pay a year to his sister the first  payment to be make at the first of the usual feast which shall happen next  after his death so it be a month after his death though the estate devise be a  year yet it be adjudge that Robert have a fee so show c lee and wither Jon  Pollexf a devise to James conditional that he allow his son Nicholas meat  drink washingand lodging during his life though it be urge that the word allow  import it to be out of the profit yet it be resolve that it be a fee and the  difference be only where the payment be limit to be pay out of the profit and  where it be not limit for this be the distinction take   a in collier case a  devise pay a sum in gross shall be a fee pay therefore S yearly shall be only  for life which allude to the case die b whore a devise to the wife after the  death of his father pay therefore to the right heir of my father S yearly  comens during her life be adjudge only a devise for life so it be determine in  the case of Annesley vers chapman cro car Jon SC that a devise to his son and  they to bear part and part alike go out of the land for life be only a estate  for life but if there be any doubt whether this clause give I brown a fee yet  it will be remove by the clause which say that if the estate to be sell and  his personal estate will not hold out to pay his debt and legacy what be unpay  shall be pay out of the proportion of the land give to William brown I brown  and Geo Scarf for a devise of land to pay debt and legacy will carry a fee so  die b a devise of land to a man sister except my manor which I appoint to pay  my debt will be a devise of the manor in fee so a devise to perform a man will  and to pay debt and legacy be resolve by all the justice in c b to be a fee  bend pl and so it be decree in chancery can Chan and afterward in the same  term judgement be give for the plaintiff by the whole court for the chief  justice say that they be all clear agree in their opinion that I brown have by  this devise a estate in fee upon the whole of the will though if it have be  put upon the first word only pay per annum to Elizabeth Scarf for her life  they have not be all so clear in their opinion