coke a the lord CHEYNEYS case mich Elizabeth in the court of ware see grant v  grant lr c p devise by a to b his son and the heir of his body remainder to c  and the heir male of his body on condition that he or they or any of they  shall not alien discontinue c a averment out of the will that it be the intent  of the devisor to include his son and heir within the condition shall not be  receive a testator have two son name John devise to his son John evidence  dehors the will may be give to show which son be mean but if no direct  evidence can be give to show the intent the will be void for the uncertainty  SC Moor sir Thomas Cheyney Knt Lord warden of the cinque port Elizmade his  will in write and thereby devise to Henry his son diverse manor and to the  heir of his body the remainder to Thomas Cheyney of Woodley and to the heir  male of his body on condition that be or they or any of they shall not alien  discontinue c and it be a question in the court of ware between sir Thomas  perot heir general to the Lord warden and diverse of the purchaser of sir  those Cheyney if the say sir those shall be receive to prove by witness that  it be the intent and meaning of the devisor to include his son and heir within  coke b these word of the condition he or they and not only to restrain Thomas  Cheyney of Woodley and his heir male of his body but Wray and Anderson chief  justice on conference have with other justice resolve that he shall not be  receive a roll wing Max a to such averment out of the will for the will  concern land c ought to be in write and the construction of will ought to be  collect from the b   a latch Jerik cent Cr Elizabeth more Bulst bridge godb  light Rep hut arg style wing Max raym Leon Brownl salk b word of the will in  write and not by any averment out of it for it will be full of great  inconvenience that none shall know by the write word of a will what  construction to make or advice to give but it shall be control by collateral  averment out of the will but if a man have c Brownl style more Leon Swinb hob  sal c two son both baptise by the name of John and conceive that the elder who  have be long absent be dead devise his land by his will in write to his son  John general and in truth the elder be live in this case the young son may in  plead or in evidence allege the devise to he and if it be deny he may produce  witness to prove his father intent that he think the other to be dead or that  he at the time of the will make name his son John the young and the writer  leave out the addition of the young for in e b the case be Robert Peynel have  issue two son baptise by the name of William and d   a Br nosm Cr Elizabeth Br  fine Fitzherbert feoffm kelw a d levy a fine to sir John Fanningbridges and  other come Ceo c who grant and render to Robert and William his son general  and after the death of Robert William the young son bring a to know facias  against the heir of William the elder and the young by the rule of the court  aver that the fine be levy to make he heir priest c and upon that issue be  take and no inconvenience can rise if a averment in such case be take in case  of a devise by will for he who see such will whereby land be devise to his son  John can be deceive by any secret invisible averment for when be see the  devise to his son John he ought at his peril to inquire which John the  testator intend which may easy be know by he who write the will and other coke  report a er p who be privy to his intent and if no direct proof can be make of  his intent then the devise be void e Bulst Swinb e for the incertainty as the  render also will be in the say case of the fine as to William for the law will  not make the one or the other by construction inheritable for neither the  elder son shall have it by course of law because the elder need not have a  addition nor shall the young have it by construction by reason the father need  not have limit the land to the elder because the land after the death of the  father will descend to the elder but he shall have it who the father intend to  advance with it and for want of proof of such intent the will or the render  for the incertainty as have be say be void and so the doubt in h well explain  a Vid upon ambiquitas paten et ambiguity of meaning Latin Phillips on evidence  Vol I p and seq that edit a case OF usury