case brown against tailor Hilary term James roll a be seize of tenement hold  by knight service feoff certain person to the use of himself for life and  after his decease to the use of such person or person as he shall appoint by  his will for such interest as in his say will shall be specify and devise  certain term to all his tenant to commence after his decease that a b shall  have the rend out of his land for life and that his wife shall have all his  land in S for her life the wife shall take the land by the immediate devise  and not by the declaration of use ejectment of a lease of sir John Savil and  other of land in Stapleton upon not guilty plead it be find for two croak car  part for the defendant and a special verdict for a three part that one Holgate  be seize of these tenement hold by knight service and in James feoff Spencer  and other to the use of himself for life and after his decease to the use of  such person or person as he shall appoint by his will for such interest or  otherwise as in his say will shall be specify afterward he make his will in  write and thereby devise that all his tenant of his farm shall enjoy their  tenement for twentyone year after his decease and that r t shall have the rend  out of his land for his life Payable at two feast of the year and devise to  his wife all his land in Stapleton for her life the question be whether this  be a good declaration of the use to limit it to his wife and that she shall  take it by the feoff or whether by the immediate devise and then the devise be  void for a three part because the land be hold in capite after argument at the  bar without any at the bench Hutton Harvey and Yelverton agree that they shall  take by the devise and not by declaration of the use for they hold that after  the feoff in this manner he have a qualify fee in he as owner so as he may  make his will of those land and devise the rend as owner thereof and then the  land be hold by knight service a the devise be void for a three part or he may  declare his will as upon the feoff which shall inure as a declaration of the  use upon the feoff and then all the land passes so that here when he make his  will without reference to the feoff the law will construe it as the will of  one who be owner and may dispose of it as owner and not as a declaration of  the use which be a authority only also the will appoint rend to be pay which  be a good will and devise but the authority limit he that he may not appoint  any rend to be pay and to have it to be a will for one part and to dispose as  by authority for another part can be good in law therefore it shall be adjudge  as a will to enure for both but I doubt thereof and conceive it may be well  construe as a declaration and thereby it shall be a good limitation for all  the land and that by the say authority he may dispose of the rend out of the  land and his declare that his tenant shall hold their farm for twentyone year  after his decease can be but by declaration and it be more for the advantage  of the party that it shall be so construe and the law shall expound for the  great benefit of the party when by any construction it may be and by this mean  all the part of the will may take effect but the three other justice hold that  he can not dispose of the rend by reason of the say word but of the estate of  the land only whereupon without any argument they adjudge for the plaintiff a  see car c croak car er p croak car michaelmas term car in the common plea sir  Richard Hutton Knt chief justice sir Francis Harvey Knt sir George croak Knt  sir Henry Yelverton Knt justice sir Robert heath Knt attorney general sir  Richard Sheldon Knt solicitor general