clear case it be find by office by virtue of a commission in the nature of a  mandamus after the death of sir Edward clear knight the say sir Edward be  seize of divera manor land and tenement in feesimple in Norfolk and Suffolk by  indenture date primo June Eliz in consideration of to he pay be parcel of the  marriagemony of Margaret the wife of sir Edward clear his son and heir  apparent and in consideration of maintenance and live to he have for the say  Margaret during her life and for the better advancement of the issue male of  the say Margaret by the say Edward the son beget do convey unto sir Nicholas  Bacon and sir John townsend knight and other and their heir during the life of  the say dame Margaret clear and after her decease to the use of the say sir  Edward clear the father during his life and after his decase to the use of  Henry clear son of the say sir Edward the son and dame Margaret in tail which  conveyance to sir Nicholas Bacon sir John townsend and other during the life  of the say dame Margaret be lie in trust and for the profit and benefit of the  say dame Margaret diverse of the say land whereof the say sir Edward be seize  as aforesaid be at his death and still be hold of the king majesty by  knightsservice in capite sir Edward clear the father die sir Edward clear the  son be his next heir of full age at the death of his say father dame Margaret  be still live question whether this conveyance be a act execute within the  statute of will h it be likewise find by the say office that the say sir  Edward clear the father by his indenture bear date the first of June Elizabeth  do convey one other part of the say manor land and tenement to the say sir  Nicholas Bacon and other and their heir to the use of he the say sir Edward  for life and after to the use of such person as the say sir Edward clear the  father by his last will shall appoint during the minority of the say Henry  clear his grandchild and after to the say Henry clear in tail the remainder to  the heir male of the body of the say sir Edward clear the son after which the  say sir Edward the father by his last will and testament in write date April  do will that the say lie er p land and tenement which upon the say conveyance  be to come to the say Henry clear at his age of year shall with the profit of  the same during his minority be take and employ by his executor the moiety to  the good bring up of the say Henry clear his grandchild and the other moiety  as need shall require to the payment of his debt and the surplus to the  reparation of the house that be upon the demesne that shall come to the say  Henry at his age of year and the saidSir Edward clear make dame Agnes clear  his executrix and die the say Henry yet within the age of year dame Agnes and  the say Henry be still live diverse of the land aforesaid be at the death of  the say sir Edward and still be hold of the king majesty by knightsservice in  capite sir Edward clear the son be and be next heir and of full age at the  death of his say father question whether the conveyance and will be act  execute within the statute of and h whereupon it be resolve by the lord chief  justice and chief baron Fleming coke and Tanfield that for the first of the  say case the say conveyance make to the say sir Nicholas Bacon and other to  the use of they and their heir during the life of the say Margaret clear for  such consideration as in the first case aforesaid be mention be a act execute  within the say statute of will and h for that the say Margaret wife of the say  sir Edward clear the son and heir of the say sir Edward clear decease be a  child within the meaning of the say statute and the conveyance to other in  trust for her be all one as if it have be to her self to her own use and the  say judge as to the last of the say case do also resolve that the say  conveyance and will in the say last of the say case mention as concern the say  moiety of the say manor land and tenement in the say last case mention whereof  the profit be appoint to be take by Agnes the wife and executrix of the say  sir Edward clear decease and employ to the good bring up of Henry clear his  grandchild be no act execute in the lifetime of the say sir Edward clear  decease within the statute of will of and h for that the say Henry clear the  grandchild in the lifetime of his father be no child of the grandfather within  the lie meaning of the say statute but as concern the other moiety of the say  manor land and tenement in the say last case mention whereof the profit be  limit to be take and employ as need require to the payment of his debt and the  surplus to the reparation of the house that be upon the demesne that shall  come to the say Henry clear at his age of year the say judge do resolve that  the say conveyance and will as touch the say moiety of the say manor land and  tenement be act execute within the say statute for that the say dame Agnes  wife of the say sir Edward clear decease be to have the same be a person  within the say statute and also for that the same be limit as need require to  the payment of the debt of the say sir Edward clear decease whereupon a decree  be have accord hillar James king