case bacon against hill Trinity term Elizabeth roll a devise in remainder  three tenement to each of his three son with the benefit of survivorship l to  be pay thereout by every of my son to every of my three daughter provide any  of my son have issue and die before he enter into his part then his part shall  remain to the heir of his body and not go to his brother as aforesaid these  word convey a estate for life only and not a estate tail ante   lev more  Pollexf pale yellow Dev Cowper dougl l trespass upon a special verdict it be  find that one Jeffere hill be seize of three tenement videlicet Rawlings rivet  and Downings and have issue three son videlicet John Ricbard and Rohert and by  his will in write devise all those tenement to his wife for her life and after  her decease that his tenement call Rawlings shall he to John his son and his  tenement call rivet shall be to Richard his son and his tenement call Downings  be the land in question to Robert his son and further devise that if one or  two of his son die that then his part or part shall remain to the survivor and  further devise have three daughter to every of they l to be pay out of his  land by every of his son as soon as they she all enter their part after the  death of their mother as aforesaid and in the croak Elizabeth end of the will  put this clause provide always if it fortune any of my say son to marry and  have issue and to die before he enter his part then I will that be part shall  remain to his heir of his body and not remain to his other brother as  aforesaid and they further find that the devisor die and afterward his feme  die and every of the son enter into their part and after Rohert have issue the  defendant and die and John the old son lie issue a daughter marry to Bacon the  plaintiff and whether the son of Rohert shall have this land as heir in tail  or heir in feesimple for that his father devise be pay l which be a  consideration give unto he a fee or at leastwise a feetail as Tanfield argue  for the defendant the court resolve that Rohert shall not have a feesimple for  although it be devise that every one shall pay a consideration videlicet l yet  it be further limit that after the death of every of they it shall remain over  that show his intent that he shall have it for his life only notwithstanding  that limitation of the paynient gawdy justice hold that he shall have a estate  tail by this devise for when he will that this issue shall have it although  the father do not enter his part Jortiori he intend that his issue shall have  it by descent when he enter his part and die have issue Popham Clench and  Fenner contra for a intention shall never he take to he against the express  letter of a will and here by the premise it be not limit but for life and the  last clause do not limit a estate tail but where he have issue and die before  he enter his part so it be limit upon a condition which be not perform  wherefore c and Popham say it may he intend that he limit it in this manner  because if the father have die before he have enter and take the profit that  he may by such mean have provide for his issue and that then his issue shall  have it otherwise not wherefore it be adjudge for the plaintiff croak  Elizabeth er p