case goshawk against CHIGGELL a be possess of a lease for year grant all his  term estate and interest therein to b his daughter habendum to the say a and  his wife for their life and after their decease to b the first grant to b be  good and the habendum to a and his wife with remainder to b be void post S C  Jones   b   a ejectment upon a special verdict the case be one Crogate be  possess of a lease for a thousand year of the tenement in question and by deed  poll grant all croak car er p his term estate and interest therein to Hester  his daughter habendum to the say cro eat and his wife for their life and after  their decease to the say Hester and if she have heir of her body then to her  executor and assign provide that she shall pay to Diana her sister after the  death of Crogate and his wife ten pound per annum during her life provide also  that if the say Hester die unmarried have no issue of her body lawful beget  that then this grant to the say Hester shall be void and then Diana shall have  the term it be find that Hester be marry and die without issue Crogate and his  wife die the plaintiff claim by lease from the executor of Hester and the  defendant claim under Diana and also by the executor of Crogate the question  be whether the plaintiff claim as executor to Hester shall have it and it be  argue by Griggs for the plaintiff and by pope for the defendant and for the  plaintiff be urge that this be a good grant of the term to Hester whereby she  be interest therein and the habendum be void and the second proviso for the  determination thereof be not perform because she do not die unmarried and in  that point the proviso be good and the other part of the proviso be to no  purpose for she can die unmarried and have issue of her body lawful beget and  therefore be to be reject wherefore c croak car but all the court deliver  their opinion seriatim conceive the plaintiff have not any title but the  defendant have good title for they agree that the grant be good and the  habendum to the grantor and his wife for their life and after to Hester be  void because it be repugnant to the grant but the habendum show the intent of  the party that the executor of Hester shall not have it unless she be marry  and have heir of her body and the proviso that if she die unmarried have no  issue of her body lawful beget that it shall be void shall have this  construction that if she die unmarried or marry have no issue of her body for  she may not have lawful issue unless she be marry then it shall be void for  that be expound by the habendum that be do not intend that the executor of  Hester shall have it unless that she have issue so by this construction the  word of the deed stand together and when it be find that she be marry and die  without issue the estate to Hester and limitation to her executor be determine  whereupon rule be give that judgement shall be enter for the defendant unless  other matter be show c