case meure versus meure at the roll may to one for life and to the heir of his  body have always be hold to be a estatetail but where it be to one for life  and after his death to the issue of his body there be no instance where it  have be so construe vide bale v Coleman Cox p W note Abraham meure be seize of  several message land and tenement in Surre and Suffolk on the that of February  make and duly publish his last will and do thereby devise all the say land in  the say county to John knight of Gosfield Esq since decease and to the  defendant Andrew meure and to the survivor of they and to the heir c of such  survivor in trust to sell the same as soon as convenient may be after his  decease and with the money atkins arise by the sale to purchase other freehold  land or long annuity or stock or some other public fund as the trustee shall  think fit and then in trust to permit the defendant Andrew meure and his  assign to receive to his and their own proper use the interest and profit  thereof during his life and the testator do further direct that the defendant  Andrew meure shall receive the rend and profit of the say estate till sell to  his own use and after the defendant decease then in trust to permit the  plaintiff and his assign to receive the interest and profit of the say money  as aforesaid or the rend and profit of the say land if unsold or such other  land as shall be purchase during his natural life and after his decease then  in trust for the use of the issue of the body of the plaintiff lawful beget  and in default of such issue the testator devise the principal and interest  arise by sale of his say estate or his say estate if unsold to John knight for  his life and after his decease to the defendant Peter meure and his heir for  ever Mr knight one of the trustee under the will die before the estate be sell  but prove the will with Andrew meure the other executor the bill be bring by  Isaac meure the natural son of the testator to have the estate sell by a  decree of this court and that the money arise thereby may be dispose of accord  to the will and that the defendant Peter meure may set forth who he claim  under and what in the say premise master of the roll this be a very particular  case by the death of Mr knight the power devolve upon the court in what manner  to lie out the money it must be a purchase of land which only be capable of  carry all the remainder the principal question in this cause be whether a  estatetail be to be limit to the plaintiff or a estate for life only where  land be to be settle to one for life and to the heir of his body there be no  case where such a limitation have not be hold to be a estatetail on the other  hand there be no case where it be to be settle to one for life and after his  death to the issue of his body that such a limitation have be construe a  estatetail in the case of Sweetapple versus bindon vern there be no estate for  life particular give before the word issue which differ it from the present  case and yet Lord keeper atkins wright say upon the like word in marriage  article it will not have be construe a estatetail when it appear the estate be  intend to be preserve for the issue Videathe case of bale versus Coleman p W  where it be lie down that there be a difference between a deed and a will as  to construction there be something in this will that denote the intention of  the testator that the plaintiff shall only take a estate for life for there be  a distinction between the word and frame of the limitation in the first place  the estate be during the life of the defendant Andrew and the plaintiff to  continue in the trustee and when the atkins er p testator limit it to the  plaintiff for life it be to permit and suffer the plaintiff to receive the  rend and profit c and when the limitation be to the issue it be to their use  and behoof and the court shall as much as they can preserve the intention of  the testator the word in default of such issue to Peter show the testator  intend that Peter shall not take while there be issue of Isaac issue of his  body take in both male and female and there must be cross remainder to the  issue female Lord glenorchy versus Bosville case in chancery in Lord Talbot  time be in point note there a devise to trustee in trust for a for life  without impeachment of waste voluntary waste in house except remainder to the  issue of her body c be construe only a estate for life sans waste and a strict  settlement decree and I shall in this case make my decree accord Reg lib b foe