case castle against dod a be tenant for life levy a fine to the use of himself  and b for life and if b die live a to the use of c the estate on the death of  b in the lifetime of a shall go to c as a occupant post roll ab roll ab Vaugh  side Leon carter   light peer wms Bac Abr cruise on fine upon a special  verdict the case be that a tenant for life grant by fine his estate to b and  by indenture limit the use to b for the life of a and b and if he die live a  that it shall remain to c afterward b die live a c enter and let to d for year  and die live a croak throw whether the lessee shall retain this as a occupant  live a or that a shall have it again because no other use be limit after the  death of c by reason of his ancient use be the question it be adjudge after  argument that c shall have it as a occupant and his lessee shall hold it as a  occupant a and that a have not any residue of the use in he for although where  tenant in fee make a deed of feoff and limit the a by car c where there be no  special occupant in who the estate may vest he tenant per auter vie may devise  it by will or it shall go to the executor and be asset in their hand for  payment of debt and by Geo c shall not only vest in the executor but in case  the tenant die intestate in the administrator also and shall go in a cause of  administration like a chattel interest Bl Com croak James er p use for life or  in tail and do not speak of the residue it shall be to the feoff or conusor  because he have the ancient use in he in fee yet when tenant for life or he  who have a particular estate grant his estate by fine and limit the use for  year or for a particular time it shall not return to he but be to the conusee  although the fine be without any consideration because he who have the  particular estate by fine be subject to the ancient rend and forfeiture which  be a sufficient consideration to convey the estate to he and although it be  object that at the commonlaw there be not any occupant of a use and this  statute b have vest the possession in such man n r and nature as the use be  ergo there shall not be a occupant of a possession vest to a use coke say this  statute c be intend that the land shall have the same quality as the use have  videlicet if the use be a conditional estate in the land it shall be  conditional but it shall not have the collateral quality as the use have for  there shall be a tenancy by the courtesy of such a estate vest and it shall be  asset and by the same reason there may be a occupancy for the use and land be  now incorporate and of one nature and therefore it be resolve in baker case  although the use may be waive without matter of record yet the estate vest to  a use can at this day be waive croak throw hilary term James in the king bench  sir Thomas Fleming Knt chief justice sir Edward Fenner Knt sir Christopher  Yelverton Knt sir David William Knt sir John croak Knt justice sir Henry  Hobart Knt attorney general sir Francis Bacon Knt solicitor general