coal versus levingston Saturday April remainder the plaintiff title be by  lease of Kelsi underlessee of crook c heir of sir Peter vanlore the r to and  young sergeant Maynard pro plaintiff old sir Peter convey to the use of  himself for life to the first son for life with remainder to they particular  in tail as to five part proviso if mary Powell or Henry Sackvil and Peter and  whether and mary glenham or jacobin and Caesar or the Vandebludes or all the  daughter of sir Peter vanlore junior die without heir of their body then their  part or part accord to that proportion to go the survivor and their heir and  all this be by covenant to stand seize in and after the death of the two  sister Glenhams and Henry glenham and after the death of Vandeblude then the  lady Powel levy a fine to Basset of her part jacobin and Caesar be then dead  but leave issue after in Jan by indenture quadripartite its agree to levy a  fine oct hill to levingston find to be of the lady powells five part and at  the same time there be a fine and a common recovery of a five part general and  of a moiety all which be to come to Skinner who claim under these conveyance  Sackvil glenham convey a ten to Gosnal and he to Marriot in afterward Anderson  of moiety of a five part levy a fine to the use of Abraham Vandebude Keble and  the same year Peter glenham sell a ten part to and a fine be accord may  Anderson Caesar and levingston seize of a four part by death of the lady  Powell levy a fine to Skinner after by Act of parliament recite the lady  powells fine to be by fraud of the five part it be enact that the fine and  deed of use and the warranty be void and that it shall be lawful for those  that have right to enter and enjoy as if no fine be that security to  levingston be void and afterward another Act recite Sackvil Glenbam be indebt  in car cap save the right of other all the trustee be defendant and each heir  be to entitle themselves a five part be absolute pro plaintiff and as much of  the five part of the lady Powel as any other cept within the whole five part  for no remainder of any part of the lady powells interest can be till the  whole cept be spend or if it have any effect its but contingent for during  life of the survivor other can take so when the Caesar die in the lifetime of  the lady Powel then four part be dead and extinguish and can go over and  whatever levingston have by other part than by his own be extinguish before  the Act of parliament and can never rise for when such a remainder be vest be  it per capita when that person die without issue there end that also as to the  forfeiture by those who have but a five part levy a fine of a four upon the  first limitation of the deed there can be no question but on the be  joyntenants for life with several inheritance of the five part so when h  glenham die without issue his part have sink and die in the reversion and can  not go over as be adjudge in Nevil and Nevil case and agree in Littl and that  no cross imply remainder can be and the proviso do not make any alteration be  intend to distribute the estate to the five child and each cept or tribe and  that no other shall have any thing till the cept of one whole fail and have it  be say that though Henry die without issue that no other shall take until his  other brother die without issue it will be evident that it shall not go over  though he have not appoint how it shall go thus the inheritance of John  Vandeblude descend to his son but when Peter Vandeblude die his inheritance  revert to the heir at law and can go to Abraham the same of the Glenhams part  and then when the lady Powel levy a fine her five settle in Skinner but these  be make void the quale quotum of this part be the question as to the quality  this Keble er p be a contingent remainder of necessity there be Keble no  person to vest in till the survivorship be know therefore be by covenant to  stand seize leaves the estate as it be before in the heir so none of the six  that die before her nor their heir can never take these be word of purchase  but all that be extinguish in the heir estate and consequent the lady powells  part be to be divide among six Annes fine be after discontinuance make by the  fine of the lady Powel to Basset of her estate tail destroy her possibility  and be not remit by the statute that void the lady powells fine so levingston  claim be to be set aside the Act have no operation on any fine levy by  levingston and as to the rest the quota pars by the Act be to every cept abate  what be lose by death of such as die before the lady Powel this not be give to  the survivor and survivor but accord to their several part aforesaid which can  be a five part here be but four the other be sink and it can be intend to go  accord to the branch of the several cepts and there be no part between  jointtenants though there be between parceners so there be no rule to limit  this estate and if one share do once remain as when Henry glenham die his part  vest whither per stirpes or per capita it end there and no second vest or  superstructure can be on the other death which will make a perpetual fraction  therefore as Cr   rector of Chedingtons case the whole proviso be void and the  whole part of the lady Powel come to the plaintiff heir at law by the first  limitation which have it be without that clause accord to their part  respective it will have make twelve joyntenants with several inheritance which  have not be so inconvenient as now also the survivor only be to take which can  be now divide by give four of six be dead before the lady Powel also by the  first limitation the freehold survive without which the inheritance alone can  after be limit another way which will destroy both freehold and inheritance  like Richils case and mildmay case also whether and mary have no estate by the  first limitation till the heir male of their cept die but by this construction  they will therefore its best to damn such novel invention in the beginning as  limitation for life and to the next heir for life c be endless c this be the  reason of destroy perpetuity for such inconvenience and the limit term by way  of remainder and thus have no good effect in literal or legal sense he pray  judgement for the whole five part of the lady Powell which by hale chief  justice will be void if only the seven part of her five Keble part be due to  the plaintiff also he pray judgement for Henry Glenhams three part of the five  part which survive to Peter and Sackvil and their fine of the ten of the whole  do cut off contingency as to the three part of Henry so that may come to the  plaintiff be not convey away by their fine but as to caesars part one whereof  be dead and another alive the plaintiff claim nothing as to the Vandebludes  Abraham and Peter have levy a fine of the whole five part to lee but this be a  forfeiture for Peter three part the plaintiff claim that hale chief justice  conceive a contingency of pater Glenhams part may arise and so make a  alteration and he conceive though the void the lady powells fine will not  revive levingston part as to he yet as to his feoff or conusee it do as if the  lady Powell have levy no fine but if the proviso be whole void then all  contingent be destroy also its plain that after once vest there shall be no  second subdivide remainder by virtue of the proviso but as Lampets case all  the remainder be in contingency till the survivorship also to survive accord  to their several part aforesaid be idle and void and shall go to the survivor  only also the lady powells part must vest in the seven survivor if any for it  can vest in those be dead and the design of the conveyance be to keep the  whole five part within the tribe to which it be limit which be mistake and  jumble and in case of alienation be divide by four and James Callards case  have as much a intention as this where the wife take as Windhams case  distributive on death of each to avoid confusion so Cr Guilbert and witty the  consequent whereof be on the lady powells death a seven part revert three to  the plaintiff the rest to the other tribe survive also the distributive or c  be intend on a cross remainder which can be and to salve all shall be reject  and when Henry glenham die without issue there go to each survivor a seven of  a three of a five which be more than a ten of a five of which the fine be levy  and this be that part of the whole Keble er p also the judgement must be pray  for part therefore can be release for part to prevent error and after all  partition must be post