clxxi Hawkins case one Hawkins be seize of three message in bury in his  demesne as of fee and have issue Robert Christian and Joan and devise all his  say message to his wife for life the remainder of one of the say message to  his son Robert and his heir the remainder of another of his say message to his  daughter Christian and to her heir and the remainder of the three message to  Joan and her heir and far by his will devise that if any of the say issue die  without issue of his body that then the other survive shall have totan that  parten c between they equal to be divide the devisor die the wife of the  devisor die Joan die have issue Robert die without issue Christian enter into  all the house of Robert and die and her husband hold in as tenant by the  courtesy coke the survive child shall have the whole and the issue of Joan  shall have nothing and be say that by this devise they have a estate in tail  for the fee do not vest in any of they for it be write who shall survive but  when one overlive be shall have in fee for these word totan that parten go to  the whole estate as well as to Leonard er p the whole land I devise my land  whole to one be have fee thereby and he say that the three devisees have  feetail and fee expectant each several as to the message to he limit Golding  contrary each have a estate tail in the house devise to he and but a estate  for life expectant upon the death of the other without issue for there be no  word by which it may appear what estate he shall have by the survivorship I  grant the case which Perkins deny but Littleton affirm sure a devise to one of  land in continuous for there the intent appear but where there be not word of  inheritance nor word amount to so much then it shall be but a estate for life  and as to the word totan parten that the same be all one as if he have say  parten that without the word totan and also he say I that where one only  survive no far the estate vest for there ought to be two to take by the  survivor for the word be equal to be divide betwixt they and then if it can  accrue by survivor then it shall descend and if it have accrue to two by the  survivor they shall be thereof tenant in common not jointtenants by reason of  these word equal to be divide Clench justice the word totan that parten go to  the house and not to the estate in it shoot justice accord and be Leonard say  if both daughter have survive they shall have fee in the house of Robert but  not by the will but by descent in coparcenary also when two be dead the son  and one daughter then it can be divide therefore the will as to that be void  and then the commonlaw shall take place and put the house to the issue of one  daughter and of the other daughter survive gawdy justice here be but a estate  for life in the survivor it have be object that then have but a estate for  life the same estate be drown by the descent of the feesimple so as now the  estate limit by the will be void to which it may be answer that although now  upon the matter it be void yet ab beginning it be not so for it become void by  matter of late time sure by the descent of the feesimple for if one of the  daughter have die without issue before the death of Robert so as the house of  such daughter shall have come to the say Robert and the other sister there be  no coparcenary for the son have all the fee and the moiety of the same be  execute and the other moiety expectant and the sister have a moiety for life  and then the devise not void also here be not two survivor so nothing be to be  divide and therefore the law shall say that the house of Robert be descend  sure the fee of it to the daughter of Christian and Joan and so judgement be  give against the husband who claim to be tenant by the courtesy of the whole  message postea cro Len pasc Elizabeth in the common plead