a have three son b c and d and be seize in fee of land part whereof be  gavelkind devise it to d his young son defendant husband for his life he or  his heir pay out of the rend c pound a year to b for his life and also pound a  year to c and also pound a year to the testator daughter m for her life and  also pay his legacy and that after the death of say d and defendant m his wife  then the son or son of the say d shall have all the say premise equal between  they they or their brother pay the legacy and if no such son then the daughter  or daughter of d to have the premise equal among they pay c the testator die  then c die leave issue then b the old son die leave issue a daughter after  which d die leave defendant his widow and three infant child whereupon the  daughter and heir of b bring a ejectment for the recovery of the premise  against d s widow who give in evidence a old subsist term of the premise b s  daughter prefer her bill against defendant for a account of the rend c and to  set aside the old term c the only question be whether the defendant have a  estate for life by implication the premise be devise to d for life and after  the death of he and defendant his wife then to the son of d or whether during  the life of the wife of d the premise shall descend to the plaintiff as heir  at law of the testator as a estate undisposed of by the will during the life  of d s wife Parker c strong incline for defendant d s widow that she take a  estate for life by implication however it be matter of law and a illpenned  will the court order that a case shall be make of it and that it shall be  refer equity case abridge er p to the judge of b r Trin Willis and Lucas I  will Rep lucas Rep Trin Geo SC and p say Lord chancellor be of opinion the  wife ought to have an Estat for life by implication the heir at law be exclude  by the annuity but this be matter triable at law he direct a issue accord  where the wife be order to insist only on her Title at law ibidem ms rep S C  and p decree accord