coke a beresford case mich James feoff to a and other to the use of c for life  and after some intermediate use to the use of b and of the heir male of the  say b lawful beget and for default of such issue over hold b take a estate  tail coke report a er p in all gift and limitation of use to create a estate  tail it be requisite either by express word or by word which be tantamount to  limit that the heir be procreate or beget on some body in certain the precise  word of the body be not necessary to the creation of a estate tail if there be  word which be equivalent if land be give to one et hredibus de see to go out  he shall have a estate tail Cr James roll Rep light Rep hut in the court of  ware between John Beresford relator and Thomas Beresford and other defendant  the case be brief such Aden Beresford be seize of the manor of Fennibently  Bircham and other land in fee by his deed June Elizabeth do feoff William  Fleetwood and other in fee to the use of certain indenture hear date the that  of November Elizabeth sure to the use of the say Aden the father for term of  his life and after his decease to the use of George Beresford son and heir  apparent of the say Aden and the heir male of his body lawful beget and for  default of such issue to the use of Aden Beresford son of James Beresford and  of the heir male of the say Aden son of the say James lawful beget and for  default of such issue to the use of the heir male of the body of the say James  Beresford lawful beget and for default of such issue to the use of Thomas  Beresford three son of the say Aden and of the heir male of the body of the  say Thomas lawful beget and for default of such issue to the use of Burgundy  Beresford four son of the say Aden and of the heir male of his body lawful  beget with diverse remainder over and with remainder to the heir female of the  body of George and so of Aden the son of James lawful beget c with the  remainder to the right heir of Aden the father for ever and the only question  of the case be what estate Aden the son of James have and this case be twice  argue before the two chief justice and chief baron at sergeant inn and it be  object that Aden the son of James have not feetail but feesimple for the  limitation to he be to the use of Aden and of the heir male of t say Aden  lawful beget and here want those word of the body of the say Aden so that now  the limitation be in effect only to the use of Aden and the heir male of the  say coke b Aden for the subsequent word lawful beget be imply for every heir  ought to be lawful beget and a limitation to one and to his heir male be  without question a feesimple and a judgement in the king bench between a more  light Rep Elizabeth hut a Abraham and trig hill Elizabeth rot be strong urge  where a feoff be make to the use of certain indenture as this case be where  one limitation be ad opus et sum Gabrielis dorm et hredem masculor of oneself  legitime a begetter et pro diminution ankle exitus to the use of diverse other  in tail in remainder and upon argument at the bar and bench it be adjudge that  Gabriel have a feesimple for it be not limit of what body the heir male shall  he beget but his intent be quod one hredes Himself male shall inherit which  intent do not stand with the rule of law and although a remainder be limit  over which can not be upon a feesimple yet that can not against the rule of  law make word of feesimple to be convert to a estate tail and they conclude  with Litt fol b that the reason wherefore when land be give to one and his  heir male or female it be a feesimple be because it be not limit by the gift  of b Litt S   light a b what body the issue male or female shall he beget and  so can in any manner be take by the equity of the statute de gift conditional  and therefore it be a feesimple go in the case at bar and therewith agree e  where land be give to one et hredibus nest fixed by law the same be feesimple  which be all one with a limitation to one et hredibus nest legitime bring into  existence but it be answer and resolve by the say chief justice and chief  baron c hut Cr James side c that the say Aden son of the say James have a  estate tail by which all the remainder over be lawful vest for it be agree  that to a estate in tail be requisite in all gift and limitation of use that  coke report a er p the heir be limit to be procreate or beget on somebody in  certain either by express word or by word which be tantamount a light Rep side  Cr Elizabeth   light b a for these precise word de corpore be not necessary to  the creation of a estate tail so long as there be word which be equivalent as  in b Perk S roll Rep light Rep Bridgm Br tail Br estate Fitzherbert tail    light b Bulstr b h a b where the gift be Dedi One messuag r et king wife he et  hredib eoretaliis hredib dict b si dict hred de b et king exeUnt to go without  hredibus de see in that case these word de corpore be omit and yet it be  adjudge a good estate tail for there be word which be equivalent for the gift  in effect be to the husband and wife and to the heir of the husband and wife  beget or of the say r et king exeunt or hredib de see and all this be by force  of this preposition de and issue and in c Cr James   light b c h brey land be  give to one et hredib quos Himself to touch to have de wife svan here want the  word de corpore yet because it do amount to as much it be adjudge a estate  tail and Edward brey d go light b d land be give to one et hredibus nest de  prima wife svan it be a good estatetail and it be resolve if land be give to  coke a one et hredibus de see to go out that it be a good estate tail and in  these case the principal cause be by force of this proposition de and diverse  other case be put for which cause it be conclude that either word de corpore  or which be equivalent be requisite to the creation of a estatetail and it be  resolve in the case at bar there be word which be equivalent for by the  statute de gift conditional will a giver in paper gift Himself manifest to  press out de cotero to watch and therefore in this case such construction  shall be make as will produce three effect to stand with the rule of law with  the intent of the donor that all the part of the indenture may stand together  and therefore translate the say limitation to Aden into Latin and then the  limitation be ad use adeni et hredum mascalorum de speech adeno legit a  begetter or et hred masculor legitim a begetter de speech adeno which be as  much as if he have say per dictAdenum legitim procreate for it be all one in  effect for this word de or ex couple with the word subsequent procreate do  appropriate the heir male to be of the body of Aden for de adeno or ex adeno  and de corpore adeni be all one and that be direct prove by the judgement in  the say case of e Cr James Perk sect before b roll Rep light Rep Bridgm Br  estate Fitzherbert tail   light b Bulst e h a b for there be de and exeunt and  here be de and procreate which be all one in effect and in the say case of  Abraham f more before b light Rep Cr Elizabeth hut f and trig there want de  and as to that it be object that the limitation in Latin may well be ad use  speech adeni et hredum masculor speech adeni in the genitive case legitim  procreate and not de speech adeno or if the limitation be not certain to make  a estate tail there be word certain enough to make a estate in fee to which it  be answer and resolve it ought to be de speech adeno for otherwise it will be  against the meaning of the donor and all the remainder over will be void and  always such g wing Max g construction ought to be make that all the part of  the deed may stand together if it may stand with the rule of the law the  subsequent clause be and for default of such issue and issue can be of Aden  unless the word be de speech adeno and therefore one clause be well explain by  the other and accord to this resolution the case be decree accord vide a  Fitzherbert tail Br estate Br tail a assize plan b roll Perk sect Cr James ass  pl Br estate Br tail b ass plan c ass pl Br estate Br tail Fitzherbert tail    light b a Cr Elizabeth Owen Ventr palm c ass plan Edward Edward brief a but  devise to one et hredibus legitime bring into existence be tail h Elizabeth c  b rot more be case but contra by Act execute Rep b dorm case if land be limit  by deed to the use of I S et hredum maseulorum of oneself legitime a begetter  remainder over it be a feesimple but if it be hredum masculor de see or in  English the heir of he lawful beget especial where there be a remainder over  it be a tail Rep bedell case dorm case h Elizabeth B R rot hall ms hargrave  note   Litt b Lord CJ will have say Goodright v Goodridge will that this case  can hardly be cite as a authority in any case whatever unless a deed of use  shall happen to be pen exact in the same word the general rule be that by the  word heir in a deed be mean heir general but the word may be use in the sense  of heir of the body when the necessity of the case require it Vid idle v cook  salk SC Lord raym do v Smeddle barn and Ald Nanfan v Legh taunt SC marsh  cruise dig Vol IV p rd edition a coke report b er p