case TUTTESHAM against roberts a devise to a and his heir and if he die  without issue to b give a only a estate in tail and if a man have land in two  parish which have be usual occupy together under the name of Heselands and  devise all his land call Heselands in such a parish only so much of Heselands  as lie within the place name shall pass dyer   cro car cro Elizabeth more Owen  Com dig error of a judgement in the common plea the case be a ejectment be  bring of thirty acre of land five acre of meadow c in Cleeton upon not guilty  plead a special verdict be find one bishop be seize of the land in the  declaration mention and of five acre of land in Cuckfield call Wellcroft and  that the land in the declaration and the say cross we re call by the name of  Heselands and have be usual together occupy as one farm and that he be so  seize make his will in this manner as concern the disposition of all my land  and rend c he devise inter alian all those his land and tenement lie in the  parish of Cuckfield call Heselands to his wife for life and after her decease  that it shall remain to John his son and his heir and after diverse other  clause he will that if John die without issue Heselands shall remain to his  three daughter in fee the sole question be whether by this clause all the land  call Heselands be a entire farm extend into Cleeton which be the land now in  question and into Cuckfield also shall pass or only that which be in Cuckfield  Popham chief justice gawdy and Yelverton hold that the daughter shall a see  Bulst b Higgins v spicer cite in Eyre v banister more croak James er p take  none of the land in Cleeton and that only so much of Heselands as extend into  Cuckfield shall pass for John by the devise have clear nothing but that which  be in Cuckfield for the devise to the feme be of the land in the parish of  Cuckfield call Heselands which passes nothing but that which be in the parish  of Cuckfield it be first name and if the word have be of all his land call  Heselands in the parish of Cuckfield and part of Heselands be in Cuckfield and  part in Cleeton nothing have pass but that which be in Cuckfield as if a man  have the manor of dale in dale and sale and grant his manor of dale in dale  nothing in sale shall pass and the word be it shall remain to John and his  heir that be that which be devise before to the feme and where the word be if  John die without issue that Heselands shall remain to his daughter that be  such part of Heselands as be devise to John and hereby the estate of John be  by implication convert into a estate tail and the remainder of that estate be  to the daughter and no more croak throw Fenner and William justice to the  contrary because the will be as concern the disposition of all his land and in  all the will there be not any disposition of Heselands in Cleeton and all his  other land in every place be dispose wherefore it shall be intend by the last  clause that he mean to dispose they c also he give Heselands to his three  daughter which be to be intend that he give all Heselands among they give they  nothing more in all the will for their advancement but five acre also it be  after diverse other clause betwixt the estate devise to John and do not follow  it immediate William justice say it shall rather be construe that the first  devise to John be in fee this second devise of Heselands shall be a devise to  he of the residue of Heselands in tail a with a remainder to the daughter than  that it shall be say to be altogether omit and no devise thereof to the  daughter but notwithstanding the other three justice hold their former opinion  et adjournatur afterward in Trinity term the James it be move again and then  adjudge that the land do not pass to the daughter and the first judgement give  for the daughter be reverse croak throw easter term James in the king bench  sir John Popham Knt chief justice sir Edward Fenner Knt sir Francis gawdy Knt  sir Christopher Yelverton Knt sir David William Knt justice sir Edward coke  Knt attorneygeneral sir Thomas Fleming Knt solicitor general