coal and levingston ante Mr attorney finch for the plaintiff the settlement in  July by sir Peter name his child and grandchild and if it fortune dame mary  Powel or such and such die without issue to the use of the survivor accord to  their several and respective part and in default of issue to Peter vanlore the  young and he consider each five part by it self and that a five part be due to  the heir at law be not doubt but how much more be the question and as to the  lady powells five the provisoe that limit the remainder over on her death  without issue be void which be gain there can be no other point in the case  there be but two exposition that can be one that he that die his part shall be  distribute among the line of the survivor promiscuous which be full of  absurdity and inconvenience for this operate first in on the death of Henry  glenham when there be then survivor and what estate they shall have be  considerable but these come into indivisibility as appear also by the next  which be in on the death of Peter Vandebende which three of the five part be  divide into nine part and the ten of Glenhams also and this also follow in the  three line of the lady powells death when the five be divide by seven which in  jure reprobator and all the fruit of the first limitation will be destroy by  the late when any one of a tribe die it shall survive in that tribe till that  fail which be enforce by the interchange or and yet the provisos be still  incertain for when any tribe fail the quantity that shall remain be uncertain  whither give or four and also the quality whither joyntenants or otherwise  also whether this remainder shall be subject to any subdivision or not which  will render it impossible to give a right judgement on the quota pars  therefore the clause that thus entangle the court shall for that cause be  reject as h   Slingsbies case hob pie coke also this do not secure what it  pretend to settle for if a whole tribe be extinct for a three part the  inheritance be determine and devolve to the coheir and to the rest of the  tribe a new estate tail shall spring out of the old Keble reversion which  though it may be yet it be not well secure for a fine by coheir without notice  as weg and villar case will have destroy the contingent and the word of go  about to alien be explode in mildmay case politian law not law of the state  adapta these remainder be contingent as the survivorship be and the seize that  serve these use remain in the right heir till the contingent happen also no  part of the lady powells can go to such as die in her life time also none of  the survivor of any tribe can take the share of the decease because they can  take as the clause be accord to their several part suppose the provisoe be  good how shall the lady powells part be divide and it shall be per stirpes  because division per capita will be infinite fraction which hob be to be  repress also a distribution per capita be contra to the intent of the  settlement which in case of the caesars be to fail on put the bind in suit and  then be divide per stirpes also if coheir disturb their part be to go accord  be in company in the other hob and so without fail of a tribe it be to be thus  divide also if the lady powells part be divide by this there will be a  redundant that to the coheir and the intent of the party be not material if  not express and the recital of act of parliament do often mistake the law and  the fact also Inst also as to the lady powells fine it have discontinue the  remainder at least or if contingent detinue Fitzherbert   archer case be utter  destroy and the act Keble er p that disannul that fine it respect each tribe  as to its own that who be joyntenants with several inheritance as Levingstone  understand it who levy two fine accordant for in sir Richard temple and the  lady baltinglass case it be so resolve who by a fine forfeit a moety so limit  and here can be no cross remainder among the tribe here be three to take as  cro and though there be but two Cwsars yet by implication there can be no  cross remainder in a settelment though in a will there may also the act for  the lady Glenhams estate be subsequent to the lady powells with save stranger  right leaves the case as it find it as to the other tribe in respect to the  lady powells part by the act the contingent remainder be not revive that by  the fine be destroy the word of void refer only as to the entry not to void  all thing ab beginning in which case also there need not a clause to nul it as  to the entry also have the fine be void by error the contingent have not be  revive nor forfeiture pureed as be resolve in the lady Baltinglass case the to  have tale re Keble tripe be sufficient to destroy the remainder also  levingston by his subsequent fine have destroy all future right   buckler case  it be not possible to pass the right by the fine nor to keep it against his  fine as h and   sir moil finch hob Clanricards case the judgement to be pray  on the whole be of a five and of the lady powells five in tail the limitation  be void or her remainder not revive by the statute but if revive then of a  five redundant of a five and if the provisoe be good and no redundant five  either her five must go to the eleven in the provisoe or to the four survive  tribe or to the several capita and accord to this judgement of two elevenths  of a five and three elevenths of a five and eleven of a five and a six of  eleven of a five but on the division per stirpes judgement for two four of a  five and one of the four of a five or on the division per capita judgement for  a seven of a five as to levingston for two seven of a five and for two six of  a seven of a five on pet Glenhams death be joyntenants with several  inheritance and two give of a seven and for two give of a six of a seven of a  five also on Sackvils death two four of a seven of a five and two four of a  six of a seven of a five and two part of a seven also for the other tribe  judgement of one five and two three of a five on Vandebendes death hale chief  justice I conceive the division must be per capita for the division per  stirpes will not go by a cross remainder as intend also though error do not  total reverse the fine yet the Act of parliament must revive all contingent or  do nothing and there the collateral warranty will be a bar and the intent of  the Act be to revive all right and levingston not have only a bare right which  will vanish and not be revive but its a estate cloth with a right and so be  revive Adjornatur