BLAMFORD plaintiff against BLAMFORD defendant enter Termin Trin James b r rot  l see in re Ashforth Ch action of trespass Ro Rep godb cro James more Thomas  Blamford a infant by Henry Blamford his guardian by bill bring a action of  trespass against Laurence Blamford for enter into and break of his close for  tread spoil and consume of his grass and this lie with a continuance till the  bring of the action ad damnum l upon non culp plead this come to a trial at  the assize in Wiltshire and the jury there find a special verdict to this  effect they find that long time before the trespass one Thomas Blamford the  grandfather Elizabeth be possess of a tenement call Gowens of which the close  where the trespass be do call Easthayes be parcel which term be for year then  to come and that he be so possess make his last will and testament the which  the jury find in haec word item I give to Alice ill wife ill live call Gowens  ita quod she de not sell it but she to have this for her life only and not  otherwise nor any long and after her death I devise the same to Thomas and  Laurence ill son equal and joint if they have no son and if it shall please  God to send they or either of they any manchild then ill will be that shall be  reserve and put out for the benefit and behoof of such child or child but if  it shall please God to send they no manchild then ill will be that after their  decease it shall descend and come to two of Henry Blamfords son S Robert and  Stephen Bulstrode the jury find that he make Alice his wife and Thomas his old  son his executor and after die S Martij Elizabeth be then possess of the same  term and that after his death they prove the will c and that Alice do enter  enclaiming the same as a legatee and not as executor and that afterward she  die Bulstrode er p be thereof so possess and that Thomas and Laurence do enter  and enjoy the same for three year without any issue male and that afterward  Thomas the executor have issue Thomas the now plaintiff who enter upon the  possession of Laurence the now defendant who April do enter and break the  close pro ut c upon who Thomas the plaintiff do reenter c and so the jury do  say that if the entry of Laurence shall be adjudge lawful then they de find he  non culp but if otherwise then they find he culp and assess damage ad c the  question in this case arise rest only upon the construction of the will of  Thomas Blamford the grandfather and whether the issue of Thomas Blamford one  of the son and first devisees after the death of Alice the wife shall by this  devise have and enjoy this lease present and put out his father and uncle or  not it be urge that he shall not coke chief justice demand that if they have  son live at the time of the death of Alice the wife who shall then have this  lease George croak answer that the two first son shall have this and not their  son they by this devise be not to have this present but after their death  reserve be as much as to say as this be to be reserve for they coke without  all question his meaning here be that if his son have or either of they have  issue male that such issue ought to have the lease present after the death of  his wife but if they have no issue male then they S Thomas and Laurence to  have this equal and joint until they or either of they shall have issue male  dodderidge justice by this will the scope and aim of the testator here be  chief to make provision for the issue male of his two son but not for  themselves but if they have no issue male at the time of the death of his wife  then his intent and meaning be to have this settle in his two son until they  or either of they shall have such issue male but not any long for then this be  to be present after put out and employ for the profit of such issue or of such  issue male which they or either of they shall have coke agree with he herein  for the will be if afterward it shall please God to send they any son then c  dodderidge demand if they have such issue male at the time of the death of the  wife whether Thomas and Laurence shall then have the same lease or not clear  they shall not have it but their son Haughton justice agree herein with he for  that Thomas and Laurence by this will be not to have this lease absolute but  with a si and if no issue male they not to have it absolute but they be then  to have the same only conditional and that with a si also S and if afterward  it shall please God to send they issue male c then c croak justice to the  contrary the case here be one have a lease for year make his will in and by  which he make a disposition of this his lease and that in this manner follow  he have two son Thomas and Laurence he devise this to his wife for her life  and if she die within the term then he devise this to Thomas and Laurence his  two son equal and joint if they have issue male in this clause next before he  speak only de mode to have if they have no son then they to be jointtenants  but if they have son then not to be so but to be then as tenant in common if  both of they have son this then to be reserve for Bulstrode the benefit of  such son but this so to be after the death of the father but here one of they  have a son and the other have none what be now to be do here in this case  whether this son shall take present or not as to this he shall not have this  lease present coke this be a plain case in ill judgement that if they have  issue male live at the death of the mother the son then be to take nothing by  this will but their issue male to have all his purpose here be not to prefer  his own son with this provision who then be ante eye swine but their child  Haughton the immediate gift by this devise be to the issue male of his two son  if they have such issue to take if they have not so then to themselves until  they or either of they shall have such issue to take and if they die without  such issue then to other c dodderidge his two son Thomas and Laurence to have  this if they have no son but if they have son then as it have be say they  shall be as tenant in Bulstrode er p common of the whole term if this shall be  so then this shall never come to their son after they but the several moieties  then to go to their executor Haughton here when one of the son have issue male  he shall take this present and if the other son also afterward have a issue  male he shall then also take and enjoy the same with the other coke the wife  here be the first to who the devise of this be make for her life if the devise  be make in this manner S that if I S shall pay l to ill executor that then he  shall have ill land to he and his heir this be good so by devise but not so by  a conveyance at the commonlaw if one do devise his land to another until his  debt be pay the executor have a term but if one do lease his land to one be of  a certain yearly value until his debt be pay it be resolve termin pasch  Elizabeth in c b as appear in the bishop of bath case pars fol b that this be  but a lease at will without liver make but if he make livery then he have a  freehold dodderidge demand at what time the son of though and Laur shall have  this lease accord to the devise they shall have it at no time by that  construction which have be make croak they be to have this after the death of  their ancestor coke dodderidge there be no word at all in the will to warrant  this to be so but they be to have it present and not their father croak this  be not to be so for by this will they be not to have this till after the death  of their father and this be so by the chance de mode to have coke clear they  be here the immediate devisees if in be at the death of the wife dodderidge  demand at what time this shall be put out and implore to their use where they  be not in be at the death of the wife it have be say that this shall not be  till after the death of their father this can be so be not to be warrant by  the word of the will the word be that present after their birth it shall be so  employ coke this be as plain a case as any can be for the sole scope and  intent of the testator as appear apparent by his will be to prefer the son of  Thomas and Laurence and this to go to Thom and Laur equal and joint if they  have no son otherwise if they have any and if one of they have issue male he  to have this alone and if the other afterward have issue male he then to have  this with he also the very word of the will make this plain be but if it shall  please God to send they afterward any manchild then c when they shall have any  manchild then present the same to be put out and employ for the sole benefit  of they Bulstrode dodderidge to maintain that which have be say there be no  way but this to refer the word to the possession if they have no son to make  they jointtenants but if they have son then to be tenant in common croak if  the word have be if they have son that then there shall be no survivor between  they coke layman de not know what a survivor mean croak put the case that they  both of they have son and they both afterward de die whether this shall be  settle in they till they die and who shall have this afterward coke dodderidge  Haughton make answer that clear their executor or administrator shall have  this after their death for by the word of the will the son of the son have  this devise to they absolute coke if a man make a feoff in fee to the use of  himself for life after to the use of every one of his issue female and to the  heir of their body after to the issue of one daughter at one time of a second  daughter at another time and of a three daughter at another time so that this  to vest several in they and yet afterward to all they be here jointtenants and  yet they come in at several time but the reason of this be because the root be  joint this have be so adjudge and so here in this case dodderidge if one have  a lease for year and do devise that after his death the profit of this shall  be put out to the use and benefit of I S this be a devise of the lease it self  to he Bulstrode er p coke agree this to be so and so be e title feoff faits  for this do tant amount unto a devise of the lease for if one do grant unto  another the profit of his land and make livery this shall be a lease for life  in this case all the three judge be of opinion against croak justice and so  without any further debate of this matter at this time this case be by the  court adjourn to a further time for the resolution of the court herein  afterward S termin Hillar James b r this case be move again and argue at large  by the council of both side and afterward by all the four judge it be urge for  the plaintiff that this put out to the use of infant be a devise to they by  implication as appear by h brook devise plea brook case fol l plea Elizabeth  dyer fol Elizabeth dyer fol l h f one devise that after the death of his wife  his heir shall have the land this be a devise to the wife by implication then  as touch this possibility of a term that this by limitation as it be urge may  come from one to another as be warrant by Mannings case coke pars fol coke  pars fol Lampets case coke pars fol wile case Elizabeth dyer fol and Elizabeth  dyer fol chapman case then as touch the first assent to take as a legatee  whether this shall go to the other it be urge that it shall so do as it be  resolve in Lampets case and in Mannings case before remember it be further  urge that this devise be to the use of the son be all one as if it have be a  devise to he coke demand of Noy for the defendant if Thomas and Laurence have  issue two son live at the death of the wife who then shall have this lease Noy  say that to this he will speak afterward first he agree the assent to the  first legacy to be a assent to all the other in in remainder coke this be very  clear to be so of it self and needs not any further argument Bulstrode Noy for  the defendant urge that the verdict here be imperfect the jury de find that  Thomas the grandfather be possess of the tenement for year but whether this  have continuance at the time of the reentry of the wife or at the time of his  death be not find it appear not by this verdict when the lease do begin nor  yet when the same be to end coke if it be find as here it be that he be  possess of the lease for year it shall be intend to be so at the time of his  death Nov as to the matter in law which rest upon the construction of the will  whether by this will the birth of the son determine the estate and interest of  the father this it do not do for the meaning of the will be the father to have  a estate therein for their life without be evict of this by their son when  they shall be bear here they have not any son when this devise be first  execute in they and if they shall have any manchild ill will be that the same  be then reserve c to the use of c after one of they have issue a malechild  whether he be to have this now present he be not to have it for the  grandfather do intend by this his will first to advance his own son before the  son of his son upon this reason be Elizabeth dyer fol l Clatches case and  Elizabeth dyer fol m and Trin James c b between pool and Spencer where the  devisor have three daughter and a son the son be to have but for life there  adjudge the son to have it in satisfaction of a annuity here in this principal  case by the will it be show when every one be to take he have a purpose by  this his will to continue a mean of live for his own two son and not to strip  they of the possession upon issue male have by they Haughton justice in this  case judgement ought to be give for the plaintiff the question here rest upon  the construction of a will in which the devisor have explain himself in these  two course the devise to be conditional to his two son S if they have no son  and two if they have son then to be reserve and put out c so that he have here  by this express himself the first be plain by the word of the will S if they  have no son c it have be object when when this shall be it have be urge this  to be take at the death of Alice if they have no son then they to have this  lease equal and joint in answer to this if it shall be take so then it will be  against the plaintiff Bulstrode er p but the same ought not so to be take  neither by the word nor yet by the meaning of the will to make a true  construction of this will the same be to be take and consider altogether both  that which recede and also that which follow if afterward they have issue male  c this to be at any time without any limitation and this appear to be so out  of the part of the will for after in his will he have another clause S if it  shall fall out that they shall have no issue male then this to come to the two  son of Henry Blamford and therefore this to be take in answer to the objection  make when if they have issue male at any time then for he do intend by his  will to have this to come to a stranger rather than to his own son also the  will be if Thomas ill son have any son then he to give up his estate into the  hand of the son or to pay so much this be a argument out of the will which do  satisfy I that the son be to have this at any time when he shall be bear and  this be to be collect out of the word of the will argument to satisfy I  against the former objection and in reason this also follow for here be not  one interest depend upon another but here be a interest which may of it self  commence at any time and this estate so commence be not like unto a remainder  depend on a particular estate also the form of the word of the will de satisfy  I be if it please God to send they manchild then ill will be that this shall  be set forth and this Bulstrode to be so if at any time they or either of they  have issue male h dyer fol bowl case the condition of a obligation for  marriagemony be that if the wife die before mich without issue of her body  then live that the bind shall be void she have issue and die and the issue die  before mich adj the bind to be void for tunc refer to the last time and relate  ad neighbor anteceden S mich and not to the death of the wife tunc signify  time extremum so here in this case now in question then this stand with the  matter and intention of the will to be thus S if any issue male at any time be  the second part of the will if they have issue male this rest upon the word of  the will these word in will be unusual yet as near as we can we ought to take  they accord to the intent of the testator these word de give a interest the  intention of the testator c by the word be it shall be then reserve and put  out c reserve c this to restrain that which be give before and this be the  natural meaning of this word reserve this to be put out for his benefit and  this be all one with a gift if one give to another the profit of his land this  be in law as a gift of the land it self so here these word in this will de  taut amount as a express gift to he of this and if such word have be by law  allow for a grant of the thing it self a strong it shall be so in case of a  will e fol a lease make for life post departure see revertor  to withhold a  remainder take for a reverter be all one the one take for the other e  Fitzherbert title account plea a lease make of land for three crop this by  necessary intendment to be a lease for three year h brook feoff all use plea  brook case fol plea lease to one for life and that after his death another  shall have the profit this be a grant of the thing it self if it be so in  grant by such unusual word a strong it shall be so in case of will a devise  make to one of land imperpetuum this be a good feesimple Littleton fol plea  but not so in case of a grant there but for life so here in this case it be  all one in law as if he have say that he shall have this lease and so upon the  whole matter the plaintiff here have a good title and judgement ought to be  give for he dodderidge justice it be in this case to be consider in who the  interest of this lease for year be and this be the only question whether this  shall be so vest in Thomas and Laurence as that the same shall not be divest  again out of they by the son afterward bear as to this it be not so settle in  they by this will but that their interest shall be determine by the son after  bear this so happen at any time during their life and for proof of this I  shall not insist upon many case it be very difficult to find case for to match  with this particular case but many case there be upon the general rule for the  construction of will but every thing be to be rule accord unto the particular  reason of the same Bulstrode er p as touch the general rule to be observe for  the true construction of will in will abundantly testator thought scruta but  yet this to be observe with these two limitation S his intent ought to be  agreeable to the rule of law this his intent ought to be collect out of the  word of the will as to this it may be demand how this shall be know to this it  may be thus answer S to search out what be the scope of his will to make such  a construction so that all the word of the will may stand for to add any thing  to the word of the will or in the construction make to relinquish and leave  out any of the word this be insult glossa but every string ought to give his  sound as I shall make the same to de in the course that I will pursue for the  true construction of this will first we be to see and examine what be the  scope of this clause first he intend with this to advance his wife in present  time in going to be Bulstrode to advance his grandchild if he shall have any  so that his grandchild male be within the scope of this will to be by this  advance and this to be so be plain by very many circumstance in this will  first he have here in part advance Thomas and Laurence his son in his life by  act execute and if Thomas have issue then he to take the interest of Laurence  in other tenement give to he before S holt he to surrender this into the hand  of friend or otherwise to give l to the son of Thomas a second circumstance I  bequeathe it and ill term to Thomas and Laurence if they have no son equal and  joint and if they have any manchild then ill will be c the first clause be  without any limitation of time be indefinite for he can restrain the will of  God to any time certain he therefore speak indefinite with a reference of his  will to the pleasure of God which can be restrain by man and so he do  afterward when he limit this to his son in law child if it fall out that ill  son shall have no issue male then ill will be that after the death of ill two  son it shall descend and come unto the two son of Henry Blamford ill son in  law S Robert and Stephen so that every word of the will speak to advance and  make good this construction here be two question to be consider and this be  the main whether this term after the death of the wife be absolute then settle  in Thomas and Laurence as a absolute devise or not and as to the word have  this be not to be refer to the death of the wife but indefinite whensoever  they shall have c if they shall have manchild then when whensover they shall  have by this clause of the will there be no present devise but a cautionate  provision for the grandchild they to have this lease then when they be bear  his own son to have this no long but until they have issue male I shall frame  three case out of this will which will make a end of this question I bequeathe  it and ill term to Thom and Laur ill son if they have no son put the case that  at the death of the wife they have no son but the wife of Thom have be great  with child with a son yet they be to enter and to retain this until the son be  bear and if Thom die Laur to have this by survivor after the son of Thom be  bear he shall now oust Laur who have this by survivorship also admit that  Thomas have a son who have this by judgement of law and after Laur also have a  son shall the son of Thomas retain this he shall not but the son of Laur  whenever he shall be bear he shall be jointtenant with he by the word of the  will they have a joint title and therefore they shall be jointtenants accord  to the meaning of the will he devise it and his term to though and Laur Obj  hence it have be object that Thom and Laur be by this to have the whole term  resp this can be so but they be by this will to have this for so many year as  they shall be without issue male and then their interest to be determine it be  the office of a judge in the interpretation of a will to give unto every word  in the same its true force and strength so that by this construction this be  to be do here that by this will the lease be to be to Thom and Laur until they  or either of they shall have issue male for the estate of though and Laur  herein be to be take with this limitation S until c but if any other  construction shall be make of this will as for the defendant they will have it  to be this shall be to make the testator to speak thing contrary in themselves  if they will have this to be settle Bulstrode er p in Thom and Laur by this  they shall offer great violence unto the will and shall by this infringe the  intent and meaning of the testator Bulstrode for first if this shall be so by  this no provision shall be make for the grandchild and so this shall be take  away which be the chief scope of the will also if it shall be so they will by  this infringe the late part and scope of the will which be to have this lease  to come to the two son of Henry Blamford his son in law for default of issue  male of his own son and this shall be alter if by the construction make this  shall be settle in Thom and Laur absolute this shall be by way of diminution  and to abridge the word of the will also by such a construction as will be  make they must add word to the will S they must add the word then and where  the clause be before indefinite by this construction they be to make it so S  if they then have no son and so by this they will restrain the generality of  the will unto a time certain but such construction shall be to make a clog to  the will and this shall be to offer violence unto the will and to this it may  be say insult exhibition who to destroy woven fabric either by addition to the  will or by any diminution of the same and this shall suffice for the first  part of the will and this be not unusual in our book for judge to make  construction of will accord to the intent and meaning of the party as appear  in Plowdens commentary fol l in paramour and Fardleys case where one in the  first part of his will do devise his land to I S and afterward devise a rend  out of this land unto I d the judge there in construction of this will to make  all the word to stand accord to the intent of the devisor do interpret this  first to be a devise of the rend to I d and afterward to be a devise of the  land to I S charge with the rend and so there if a man in the first part of  his will do devise his land to I S and in the late part of his will he do  devise the same to I n the only way to make all the word of this will to stand  be to make they both to have a joint estate in this land and this be the  office of a judge and as touch the like construction make appear coke pars fol  b in Bredons case and in Elizabeth dyer fol where chick devise a house in  SoperLane to Alice his cousin in feesimple and after her decease to W her son  which W be heir apparent unto a and no estate limit unto W the judge there  find a way to make all the word of the will to stand they there adjudge Alice  to be but tenant for life the remainder to the son for life the remainder unto  Alice in fee so here in this case it be one of the most difficult thing in the  law to make a true construction of a will when one by construction make all  the word in the will to stand by this he hit the true intent and meaning of  the devisor the second point arise upon the word of the will S then ill will  be to have this reserve and put out in which it be to be consider what manner  of will this be to his grandchild he give no estate to they he have limit a  estate in this I will not seek case to insist upon as where a gift of the  profit of the land to be a gift of the land it self this be a plain case but  it appear here by the word of the will he devise this to Thom and Laur if they  have no son but if they have then their son to have this by this a plain  interest be give to they so ill these word together S the put forth with the  gift to the father and so all will well follow consequent h brook title estate  plea Fitzherbert title devise plea a man devise land to three man and that one  of they shall take the profit and die this make a use in he and this be but a  estate for life a devise of the profit of the land be a devise of the land it  self a feoff in fee make reserve the profit be a void reservation and so upon  the whole matter the plaintiff here have a good title to this lease by the  will and judgement ought to be give for he Bulstrode croak justice it be a  very hard thing to draw a perspicuous sense out of dubious word as this case  here be upon this will judgement ought to be give for the defendant and that  the plaintiff the son of Thomas come here ante time to strive for secundum  nomen ita res be will be testati chin Thomas the plaintiff be not to have this  during the life of his father Bulstrode er p it must be agree that subtilis  erection be not to be and that turpis be pars who non it agrees together  agreed the dawn his toto it must also be agree that such a construction ought  to be make of a will by which all the word may well stand together it be a  good rule put in Borastons case coke pars fol b for construction of will  ground on this reason because testator be weak council in the argument of this  case I will by ill construction make all the word and part of the will to  speak and stand well together whether these word in the will be to be refer to  a conditional bequest or to the take of Thomas and Laurence joint these  gradation ought to be observe in every will S first quid who quomodo and in  these step I shall go in the construction of this will this old Thomas  Blamford the grandfather observe a good course to cause to stand be omnibus  semel become void dispone house thy nam A narcotic plant here he make his  disposition l quid S his live call Gowens this be in peace who he have here  four person in his eye l the wife of his bosom chara wife chara spouse his  child agreeableness unconstrained thanks pignora the son of his son and he  have a purpose to continue this in his name and this be the intent of old  Thomas Blamford l to his wife quomodo this be in peace in sencundam question  search for quomodo this be not absolute to her for her life but upon condition  that she shall not sell it and not otherwise and this de mode to have if it  have be demand but who shall have this after the death of his wife he will  then have answer ill son Thomas and Laurence but this may last long than their  life if he have be demand who shall have it after they his answer if they have  no son then they to have the same joint who bene interrogate bene to cause to  know in one degree they be to have it if they have son and in another degree  if they have no son if they have no son there they to take it joint and the  survivor to have it otherwise if they have son there no survivor to be and by  such construction there will be no contrariety the which will be if any other  construction be make of this will and this will be vim litter vim nature to  cut here he do see ante eye swine that his son have no son and therefore they  simpliciter absolute be to have this intricacy and inconveniency will ensue if  any other construction shall be make this Thomas here a infant will put out  his father this be ante time to strive for thread ante father and to make this  to be so will be subtilis erection but ex to go before consequence  construction ought to be make and so by this construction it will not be to  offer vim litter nor yet vim nature another thing to be observe in this will S  if they shall have any issue male then this shall be reserve and put out c  this clause have a emphasis in it reserve for who and from who from he who be  to have this by survivor ne law possession ne law quality by this will be give  to this infant and by implication a express devise to his two son be not to be  control and such construction to be make of a will appear by Frenchams case in  Elizabeth dyer f another thing be also to be observe in this will S the son of  the son to have this loco Bulstrode row S in the three place and in the four  other to have it who be name in the will and so by this will the defendant  have a good title and consequent judgement ought to be give for he coke chief  justice Virgil in his georgic well say that there be no ground so barren but  by fruitful husbandry it may be make good and this be very true so here in  this barren case which have be make a good case I de agree all the ground  before put for construction of will but vita maxim be application this case  have be very well argue in this case upon the will I conceive the plaintiff to  have a good title and that judgement ought to be give for he if the rule be  true every special case have its special reason they which de put many case  upon general ground de the least hurt to the case in question Bulstrode er p  these rule be to be observe for construction of will first the intent of the  devisor be to be observe this intent ought to be take and collect out of the  will it self and this intent ought to agree with the rule of law in this will  I shall examine the meaning of this good old man here whether the son of his  son to have this lease and his own son nothing as to this grandfather sometime  have as great a affection to their grandchild as to their own son he have here  provide for his son in his life time l by this will his wife be to have this  lease for her life in this will this be to be observe that none have any  absolute estate give unto they by the same but the son of the son only the  wife she have a conditional estate his son also have a conditional estate but  as for his grandchild they be to have this lease by the will absolute and by  their death the same be not to revert again unto Thomas and Laurence but unto  the administrator of the son after her death I bequeathe it S Gowens and ill  term to Thomas and Laurence if they have no son if he have be demand this what  if they have son then it be plain that by the word of this will Thomas and  Laurence ought not to have this entirely equal and joint this go unto the  estate if they have no son this be not to be refer to child as to the interest  in Gowens if they have son there be then no question that Thomas and Laurence  be not to have it this be as a condition precedent to they in the construction  of will we be to construe word accord to etymology they two be not to have  joyntsons his intent by the scope of this will be to prefer his grandchild by  the construction which have be of this will if they have son or have no son  the father to have this lease first before the son the first point in this  case material to be consider who be original intend to be advance by this will  the son of his son if they have no son at the death of the wife his son then  to have it how long be they to have it the will clear this S but if it please  God to bestow on they manchild then ill will be that it be reserve and put out  c then when bear to the use and profit of they there be no doubt at all to be  make of this insult exhibition who to gnaw viscera textus by the construction  which have be make of this will they will couple this S if they have no son to  the death of the wife this be no distinction in his intent the time of the  birth of the son be not here material but whenever this shall happen they then  present to have it and this be the reason give in Shellyes case pars so that  no reason can be make from the time of the birth for the act of God shall  never breed any calamity to one who be not bear it be to be observe for a rule  generalia word Bulstrode generally are to explain and this be a rule in law if  it shall please God to c then there be no reason to prejudice these grandchild  if bear one hour before or after his death his intent by this will be when  they shall be bear then to have it he die Martij he make his will in January  before when the first Thom Bl die the possibility do then vest present in his  son Thomas and Laurence and he do know this that they have no son at the time  of his death by the will Thomas and Laurence to have this lease if they have  no son but here they have son ergo by this construction I shall make every  word in this will to speak if they have no son then they Thomas and Laurence  to have this but how long the will answer when they have son then they to have  it they be bear then they the son of the son to have it and they have a  absolute estate therein their father have but a limit estate in this lease and  no estate at all therein if they have son if they have no son then after their  death the same to go to Henry Blamfords two son in manner as before insult  exhibition who to gnaw viscera will as to the word in the will of reservation  it shall be reserve and put out c here be a possibility upon a possibility how  this can be may be question upon the opinion of Popham chief justice as touch  this see pars fol in the rector of Cheddingtons case where Welkdens case  Plowdens commentary fol be cite I agree that sometime one possibility shall  not beget another as touch this see h fol one give land to a man not marry and  to a woman and to Bulstrode er p the heir of their body this be a estate tail  in they vest there be a future possibility of a marriage they intermarry  afterward they be divorce their issue not to inherit by the divorce their  estate be now turn into a franktenement No possibility execute possibilitas  disintegration performance shall not be revive if land be give to a marry man  and to a marry woman and to the heir of their body by h fol Assisar plea  Plowdens commentary fol a in Colethirsts case and in Chidleighs pars this  resolve to be a present estate tail this be more remote than the other and yet  a present estate tail if land be give to two marry man and two marry woman and  to the heir of their body by e fol this do vest in they question whether they  shall have a estate tail present upon this possibility of cross marriage they  have joint estate and several inheritance not upon the possibility post  performance status law non suffer possibilitatem if land be give to a man and  to two woman and to the heir of their body here doubling possibilitatis law  non suffer e Fitzherbert title tail plea rule accord where land be give to two  man and to a woman and to the heir of their body but for life but we here in  this case be out of all these ground we be upon the vest of a possibility it  be a plain case that this may so be as this case be for otherwise this will  shake all common assurance here to one son to another and so if there be a  good groundwork to support this it shall be good if a lease for life be make  to one the remainder to the right heir of another and afterward to c in  paramour and Yardleyes case in Plowdens commentary express authority for this  where all the remainder be allow to be good mich Elizabeth Locrafts case put  in the rector of Chedingtons case pars to this purpose e brook grant plea  brook case fol plea if one grant his term after his death this be not good but  it be by way of lease it be good so e fol a lease make to one for life reserve  for the first seven year a peppercorn and if he will hold it after then l and  bind he to reparation for the first seven year after the first seven year he  will not hold long a action of covenant lie for not repair Bulstrode a  executory devise be good as appear in Matthew Mannings case pars Obj it have  be object that change of the word make a change of his meaning resp as to this  he here give it unto his two son if they have son then the same to be reserve  and put out for they c this reservation amount unto a grant as appear by e fol  b e fol b so resolve h fol h fol l h fol that a reservation amount unto a  grant a strong it shall be so in case of a will reserve this be as much as to  say preserve for the son of his son reserve put out for the profit c all these  word de give a interest the reason of this case his own son not to have any  interest by this will if they have son if they have no son the meaning of the  testator by these word appear to be that by the birth of the son the interest  of the father to be by this present determine as there be censor morum  protector in Rome so we here be for the subject I move this in regard that the  infant here be but of eight year of age and he be likely to have judgement  give for he and therefore we be to take the same course for he as we do in  Requishes case here by way of provision for he here will be year before he  will come to have a dispose power of the term and his guardian or bailiff may  die before and therefore they ought here to put in good security to be  answerable for this e by the grant of the profit of the land the land do pass  coke dodderidge if the two son have ten son they all shall have the lease  joint croak by this will it be thus to be that if they have no son then the  survivorship to take place between they but otherwise if they have son by the  rule of the court the bailiff to be bind to answer the profit to the infant  and so by the rule of the court by three judge S Haughton dodderidge coke  judgement be give for the plaintiff but with a be remiss of execution until  termin pasch next ensue Bulstrode er p