clix vinncent lees case Vincent lee seize of land in fee have issue son f g  and I and by his last will in write devise that I his son shall have the land  for the term of year without impeachment of waste to the intent that he pay  certain debt and legacy set down in his say will the remainder after the say  term expire to the heir male of the body of the say I beget and further will  that if the say I die within the term aforesaid that then g his son shall have  such term c and then also shall be executor but make the say I his present  executor and die I enter by force of the devise f die without issue by which  the feesimple descend upon I who have issue p and die within the term p enter  g as executor enter upon he and he reenter upon which reentry g bring trespass  Pigott say that the term by the descent of the fee from f to I be the second  son of Vincent and heir of f be not extinct but only suspend it have be object  that I can be say to die within the term because by the descent of the fee the  term be extinct or suspend and so not in be at the time of the death of I  therefore nothing do accrue to g because I do not die within the term but that  be but a conceit for the intent of Vincent be that the heir shall not meddle  with the land devise as heir until the year be expire and word during or  within the term extend unto the time of the term and not unto the estate and  although that the term as t I be extinct yet the right or possession of g  shall stand and shall be expectant upon the death of I before the expiration  of the say year as a leas for life to b and afterward grant the reversion with  warranty to c who release to b in fee who be implead in a praecipe although  now b have a feesimple yet during his life he shall not recover in value and  in the principal case this further interest limit to g can be extinct or  prevent see blow corn Welden and Elkingtons case Beaumont contrary and that  the term be extinct because he have the say term in his own right and not as  executor but as a man trust with payment of debt and legacy but the same term  which I have g can have for some of the year be expire and the word of the  will be he shall have such term but here the term be utter extinct as where a  rend common or way c descend upon the tertenant h a prior have a annuity out  of a parsonage and afterward be purchase the advowson which be afterward  appropriate to his house now the annuity be extinct and although the prior  afterward present to the advowson yet it be not revive Br Leonard  extinguishment a man have a lease for year as executor and purchase the  inheritance his term be extinct yet it be asset c and it be say in  Bracebridges case blow Com Elizabeth that parson patron and ordinary lease for  year the glebe land of the parsonage the parson die the lessee for year become  parson and die his executor shall not have the residue of the say term for the  term be extinct although he have the term in his own right and the freehold in  the right of his church and so in several capacity and it be hold by some that  if the term for year come to the lessor as executor who die the term be revive  manwood chief baron ask this case of those who argue a lease be make for year  proviso that the lessee shall suffer the lessor to enjoy the same or to take  the profit thereof during the life of the lessor or so long as the lessor  shall live if the same be a good proviso or not Pigot conceive that Leonard er  p the devise to g be a new devise and not dependent upon the first devise to I  nor any parcel of it but this second devise to g do take away the absolute  devise to I before and qualify it so as it determine with his death the word  such estate shall be intend a estate to g to be grant from the death of the  testator land be devise to a and his heir and he if die without heir that it  shall remain to another the same be no good devise but a devise to one and his  heir and if I S die live the devisee b shall have it the same be good for it  be a new devise and a estate create de to make new and do not depend as a  remainder upon the first devise or upon the first estate devise as the case be  ass Br condition and devise so here be several estate limit one to I and  another to g which estate of g can be extinct by unity of possession in I  these word if he die within the term shall be construe for effluxion of the  time of year and not for the termination of the term Cooper sergeant to the  contrary I take this term as purchaser and not as executor for that no term be  in the testator see Elizabeth dyer Granmers case g shall have such term and  interest as before I have will unto I manwood such term that be to say the  residue of the term now at another day the baron deliver their options that  the plaintiff shall recover and that be now g to who the second term be devise  and by manwood in construction of will all the word of the will be to be  compare together so as there by not any repugnancy between all the part of the  will or between any of they so that all may stand and the intent of the  testator be that his son I shall have the land for year if he so long live and  if he die within the term that g his son shall have such term and he hold that  the same be in I a estate by limitation and be can not sell it nor can it be  extinct by Act in law or of the law it be a lease Leonard determinable by his  death and so shall be the lease of g determinable upon his own death and g  upon the death of I within the term shall have the residue of the number of  the year limit by the former devise sure so many in number as be not expire in  the life of I who be first executor to that special purpose gentleman baron to  the same intent here be have the same term as executor and it be not like a  term devise which the party have as legatee but in our case he have only  authority in this lease as executor and the land be tie to the time and the  authority and when the same determine in his person then the land depart from  he to g who be a special executor to that purpose as I be before and g have  not the same term which I have but such a term clerk baron ace and he say that  the will be further that if g die before his debt pay and his will perform and  the jury find all the special matter conclude that if the term limit to I be  extinct then they find for the defendant and he hold clear that I have this  term of year as executor and that b the dissent of the inheritance to I the  term as to himself be go but as to creditor and to the legatee it shall be say  in be and be asset in his hand and because that the term as to that purpose  shall be say in be he die within the term within the intent of the say will  and this word term be vox polysema terminus status terminus time terminus loci  and in our case the word term have reference to time and not to estate for the  testator do respect the time in which his will may be perform and that be ear  as if I make a lease during the term that I S have in the manor of d and S  have year in it now although that I S surrender or forfeit it yet he shall  hold over but he shall have it for year for my lease refer to the time and not  to the estate in the like manner here g can have the same term which I have  nor for year after the death of I but so much of the say year shall be cut off  in the interest of it as I have enjoy it and g shall have as many year as I  have leave and g shall perform so much of my will as I at his death within the  term aforesaid shall not have perform as if I lease my land to one until he  have levy and if be die before that he have levy it then I S shall have such  term for the levy of it the first lessee levie and die I S may levy the  residue but not the whole and although that the jury say that if the term be  extinct then they find for the defendant although that it be extinct yet they  be not to take conusance what the law be thereupon but that be the office of  the judge as e the jury find that the son be bear during the elopement and so  bastard that conclusion of the verdict be not to the purpose but the court  ought to judge upon Leonard er p the premise of the verdict if upon the birth  during the elopement the party be bastard or not and afterward manwood with  Leonard the assent of his companion the baron command that judgement shall be  enter for the plaintiff which be do accord Inst b Inst b roll trin Elizabeth  in the exchequer