clxv brian and CAWSENS case in trespass by Brian and his wife and other  against Cawsen it be find by special verdict that W gardener be seize in fee  accord to the custom of the manor of c of certain land and surrender they to  the use of his last will by which he devise they in this manner sure I  bequeathe to Jo the my house and land in m call lack and stone to Ste the my  house and land call Stokes and Newmans and to Roger the my house and land call  Lakins and Brox moreover if the say Jo saint or Roger live till they be of  lawful age and have issue of their body lawful beget then I give the say house  and land to they and their heir in manner aforesaid to give and sell at their  pleasure but if it fortune one of they to die without issue of his body lawful  beget then I will that the other brother or brother have all the say house and  land in manner aforesaid and if it fortune the three to die without issue in  like manner then I will that all the say house and land be sell by my executor  or his assignee and the money to be give to the poor the devisor die Jo Ste  and Roger be admit accord to the intent of the will Roger die within age  without issue John and Ste be admit to his part John come of full age and have  issue I and surrender his part of the whole and his estate therein to the use  of Ste and his heir who be admit accord Ste come of full age John the father  die Ste die without issue I the son as cousin and heir of Ste be admit accord  to the will and afterward die without issue the wife of the plaintiff be heir  to he and be admit to the Leonard land call lack and stone and to the moiety  of the land Leonard er p call Lakins and Brox parcel of the place where c  pretense quorum they enter into all the land where the trespass be do and it  be find that a the executor die intestate and that Cawsen the defendant be  cousin and heir to the say devisor and that he as heir enter and do the  trespass first it be agree by all that by the first word of the will the  devisees have but a estate for life but Fenner and walmesley who argue for the  plaintiff conceive that by force of the late word sure if the say John Stephen  and Roger live till they be of lawful age and have issue of their body lawful  beget the I give the say land and house to they and their heir in manner  aforesaid c they have fee and the word in manner aforesaid be to be refer not  unto the estate which be give by the first word which be but for life but to  make they hold I severalty as the first devisor will and not joint as the word  of the second devise purport and Fenner say it have be resolve by good options  that where a fine be levy unto the use of the conusor and his wife and of the  heir of the body of the conusor with diverse remainder over proviso that it  shall be lawful to the survivor of they to make lease of the say land in such  manner as tenant in tail may do by the statute of h although those land be  never demise before the fine yet the survivor may demise they by force of the  proviso notwithstanding the word in manner c so if land be give to a for life  upon condition the remainder to b in manner aforesaid these word in manner  aforesaid refer unto the estate for life limit unto a and not unto the  condition nor unto any other collateral manner the word if they live until  they be of full age and have issue be word of condition and shall not be  construe to such purpose to give to they by implication a estate tail for the  word subsequent be that they shall have they to they and their heir to give  and sell at their pleasure by which it appear that his intent be not to make a  estate tail for tenant in tail can alien or dispose of his estate c and as  unto the last word and if it fortune they three to die without issue e these  word can make a estate tail and the express limitation of the fee in the first  part of the will shall not be controvert by implication out of the word  subsequent as if lessee for year devise his land to his wife for year and if  she die the remnant of the term unto another although that she survive the  year she shall not hold over and here the second sale appoint to be make by  the executor shall not take away the power of the first sale allow to the  devisees after issue snagg and Shuttleworth sergeant to the contrary and they  conceive that the defendant have right to two part for no express inheritance  vest in the devisees until full age and issue and because two of the Leonard  devisees die without issue they never have any inheritance in their two part  and so those two part descend to the defendant as heir to the devisor no sale  be make by the executor these word if John Stephen and Roger be to be take  distritutive videlicet if John live c be to be take distritutive if John live  until c he shall have the inheritance in his part and so of the rest as if I  have right unto land which a b and c hold in common and I by a deed release to  they all the same shall enure to they several h and here these late word if  these three do die without issue by that they conceive the same to be but a  estate in tail and see to that purpose ass ass for a man can declare his  intent at once but in several part all which make but one sentence and so it  be say by Persay ass we ought to have regard upon the whole deed and not upon  parcel and see clark case Elizabeth dyer and it be say if I give land to one  and his heir so long as be have heir of his body it be a feesimple  determinable and not a estate in tail quaere of that then here the feesimple  be determine by the death of the devisees without issue and therefore the land  ought to revert to the heir of the devisor especial be no person in a thing  naturan who can sell for the executor before sale by he make die intestate and  if he have make a executor yet the executor of the executor can not sell which  see h and afterward resolve that no estate tail be create by this will but the  feesimple settle in they when they come at their lawful age and have issue so  as the residue of the devise be void and judgement be give accord Len Leonard  er p mich Elizabeth in the common plead