coal versus Rawlinson hill Ann B R ld raym S C holt see S C ld raym with note  I give all my estate right title and interest in c and also the house call c  carry a fee in the house in ejectment a special verdict be find videlicet that  Billingsley be seize in fee of the belltavern make a settlement to the use of  himself for life remainder to his wife for life remainder to his son in tail  remainder to his wife in fee or to the like effect the husband die and the  wife be so seize of the say belltavern and possess of other leasehold estate  make her will and thereby devise in this manner I give ratify and confirm all  my estate right title and interest which I now have and all the term and term  of year which I now have or may have in my power to dispose of after my death  in whatever I hold by lease from sir John freeman and also the house call the  belltavern to John Billingsley this John Billingsley be the son and heir of he  that make the settlement and also have the remainder in tail in the belltavern  but be not the heir of the wife the question be what estate the say John  Billingsley take in the belltavern by this devise Powell powys and gold  justice hold that he take a estate in fee saint because it be but one sentence  couple by the word and also and govern by one verb whereby the preposition in  be carry unto the belltavern so that it be a devise of all her estate and  interest in her leasehold estate and also in the belltavern vide die sand and  the word ought to have this construction since they be capable of it because  this be certain the intent of the testator who can not design so vain and  useless a estate to the devisee as a estate for life after a estatetail and  for this purpose be urge the case in more hob more Ro dly because the word of  the will be rather a description of the testator estate than of his land and  the preposition in subintelligitur and put it into Latin and it be ac etian  house peremptory or urgent call c and suppose a transposition of the word  which be Allowable to serve the intent of a will and then the matter be plain  for then it be I give my term of year and Salkeld er p all the estate right  and title I have in my term and also in the belltavern a and powys say it be a  honest construction and bring back the fee of the reversion to the right heir  of the husband who create the reversion holt c j contra for the intent of a  Salkeld testator will not do unless there be sufficient word in the will to  manifest that intent neither be his intent to be collect from the circumstance  of his estate and other matter collateral and foreign to the will but from the  word and tenor of the will itself and if we once travel into the affair of the  testator and leave the will we shall not know the mind of the testator by his  word but by his circumstance so that if you go to a lawyer he shall not know  how to expound it upon the will it be so but with the matter find in a special  verdict it be otherwise and what if more accidental circumstance be discover  and be make the matter of another verdict man right will be very precarious  upon such construction and as for the honesty of the construction what if the  woman pay a good portion and be a purchaser of this reversion be it not as  honest then to construe it in favour of her heir as to expound it in favour of  the right heir of the husband but we must not depart from the will to find the  meaning of it in thing out of it it be then a certain rule that to devise land  to h without far word will pass but a estate for life unless there be other  word to show his intent as for ever or unless he devise for some special  purpose which can be accomplish without a large estate and as this be a sure  rule so ib hold good as well where the devise be of a reversion as where it be  of land in possession unless he devise it as a reversion or take notice of a  particular estate for then his intent may appear upon the face of the will  itself but if the word be general and without regard to the nature of the  thing it be otherwise for it shall not be construe from the nature of the  thing which be extrinsically but from the word of the will ask a lawyer what  passes he say a estate for life for be know not that it be a reversion and  though it be a fruitless estate and will signify nothing yet that do not  appear till it be find and therefore when find it be not to be regard the case  in more and hob differ for there the testator take notice of a precedent term  and the word be his land of inheritance so that a special intent of the  testator be apparent from the word of the will if I give blackacre to a and  his heir and also WhiteAcre the feesimple of WhiteAcre shall pass as well as  the fee of blackacre because it follow the limitation and comprise it by the  word and also but if I give all my right title and interest in my term and  also my house call the bell in the grammatical construction it be no more than  and also I give my house call the bell for the subject matter of his right  title and interest be the term and the preposition in terminate and rest there  so in the case at bar but say they turn it into Latin and then it be I give  law distinction position in boundary ac etian house peremptory or urgent call  the belltavern I answer Salkeld the preposition in may be necessary understand  in Latin but not in English and the conjunction be not so far a copulative as  to take in the preposition in though it take in the verb my brother Powell  will transpose the word so it shall be all the right title and interest in the  belltavern and also all the term I have and hold of sir John freeman but I do  not know how we can transpose word that be good sense if the will be nonsense  then we may transpose to make it bear a meaning but to displace the word of  the will when they be Intelligible be to alter the will and the sense of it  for these reason and also because the heiratlaw be to be favour he conclude  for the plaintiff he cite cro hob cro Wilkinson versus Merrilan a a vide burr  a the judgement give in this case accord to the opinion of the puisne judge be  affirm in the house of lord bro can parliament vide ves Rep t Talb bro can Ch  atk vide also Powell on devise where it be lie down that nothing can by parole  evidence or averment be put upon a will which do not previous stand there but  that any light may be throw upon what stand there by averment of all distinct  fact that stand well with and have their existence independent of the effect  or noneffect of the word of the will way t r Salkeld er p