ccxliii PRETIMAN and cook case in ejection strong the case be that one Hawkins  be seize of three message in bury and have issue Robert a son and Christian  and Joan daughter and by his will devise his three message to his wife for  life the remainder of one of they to Robert his son and his heir and the  remainder of another of they to Christian his daughter and her heir and the  remainder of the three message to Joan his daughter and her heir and far will  that if any of his say three issue shall die without issue of his or her body  that then the other survive shall have totan that parten betwixt they equal to  be divide the devisor die the wife die one of the daughter die have issue the  son die without issue the sister survive enter into the whole part of Robert  the son and die her husband hold in the land as tenant by the courtesy and the  question be if the survive daughter shall have all the part of he that die  without issue or she and the issue of the Leonard er p other daughter coke the  survivor shall have the whole and he say that the devisees have a estate in  tail for the fee do not vest in they for it be incertain which of they shall  survive but when one survive then he shall not have for life but in fee for  the word totan that parten go as well to all the estate as to all the thing a  tenant for life the remainder to b in tail the remainder to the right heir of  a a grant totan position suum both the estate pass and the grant include the  whole see e Fitzherbert Br in ravishment of ware suppose the ravishment of two  daughter who maritagium ad Self to stretch out and it be challenge because be  do not say maritagia u the challenge be not allow and he say that if a man  devise his land whole to a that he have a feesimple see the case h Elizabeth  the case between Higham and Harwood and coke say that they have by this devise  a feetail with a feesimple expectant each of they several in the message to  they limit Golding each of the devisees have a estatetail in the message to  they devise and but a estate for life in the message which be to accrue upon  the death without issue c for no estate be limit express nor what estate the  survivor shall have for here be not any word which do import a feesimple as  accord to Littleton imperpetuum or to do what he will with c see for that e ad  boundary who praeteriit but here be only bare word of which no far  construction can be make but for life and as to the word totan that parten the  same do not extend far than if he say parten svan and he say that nothing vest  in he who survive for there ought to be two to take by the survivor or  otherwise nothing shall accrue to the survivor for the word of the devise be  evenly inter eos dividend and that which accrue by survivor shall be divide  betwixt two otherwise nothing shall accrue and if it can survive to two then  it Leonard shall descend to the issue of the sister who be dead and to the  survive daughter and they shall be tenant in common and not jointtenants  Clench these word totan that parten go only to the house and not to the estate  in it which shoot grant if both the daughter have survive Robert they shall  have fee in the house of Robert not by the will but by descent and this devise  shall not take effect otherwise and the devise as to that be void and then the  commonlaw shall hold place and that be to descend to the issue of the one  sister and the survive sister and here the survivor have but a estate for life  in the house of Robert and then by the death of Robert the feesimple accrueing  to the survive sister the moiety of her estate for life be extinct and if one  of the daughter have die without issue before Robert the house of such  daughter have come to Robert and the other sister as coparceners for the son  be to have all the fee and a moiety of the same execute and a moiety expectant  and the other sister shall have a moiety for life and so the devise not void  and afterward judgement be give against the husband of the survive daughter  ante cro Len hill Elizabeth in the king bench