case sheriff against Wrotham Trinity term James roll on a devise of a lease to  a for six year and after the say six year end b if he come home shall have it  for the residue of the term but if b do not then come home c shall possess and  have the lease until b do come home c may devise this possibility before the  six year expire and if d do not come home it shall go to his executrix ante  post roll ab roll ab   b   cro Elizabeth side lev will burr atk Com dig Com  dig salk Chan Cas trespass quare enclosed space to break in pieces at Ridgwell  upon not guilty plead a special verdict be find that a ante croak James er p  William wade be lessee for twentyone year of the land in question by his will  devise the benefit of his lease to Alice his wife for six year after his death  and further devise that after the say six year end then John my son if he come  home shall have the benefit of my say lease during the residue of the term and  if John my son do not then come home then William my son shall possess and  have that lease to his benefit until John my son do come home and he devise to  his wife all his good chattel and implement of house and make her executrix  and die Alice enter clamand army embassy William the son during the six year  John be beyond sea and not return make his will and devise that lease to  Hester his wife and make her his executrix and die the six year afterward  expire John do not return and Hester take to husband the plaintiff who enter  Alice take to husband the defendant and the question be which of these have  right after diverse argument at the bar it be adjudge for the plaintiff that  Hester have good right as legatee or as executrix of William the young son  although he die before the six year expire and although it be object that it  be a mere possibility in the second son and that he can not have it unless he  survive the six year and his brother do not return so as there be two  contingency therein and it be never vest in the testator and therefore he can  not devise that his executrix shall have it for she can take nothing unless  her testator have the interest in he for she can take it as good testator when  the testator never have it yet all the court hold when it be first devise for  six year and afterward for the residue of the term it be not a possibility but  the interest of the term after six year expire and although it shall be  account to be a possibility in the testator yet forasmuch as it be such a  possibility that the term may have vest in he if he have live until after the  six year expire the wife by her entry have agree to that legacy the residue of  the croak throw term may have vest in he without any other ceremony it be hold  that that possibility may well go to his executrix and the executrix shall  have it because it may have vest in the testator vide   Borastons case that a  term certain be limit to one and after that it shall go to another be not a  contingent estate but a mere interest vide Plowd Weldens case and   Lampets  case so resolve and although a judgement be cite in this court Trinity term  James roll in price v Atmere a that such a possibility of a term shall not go  to a executor or administrator they hold that it be not law but conceive the  resolution in Lampets case to be good law in this point and it appear here  that the defendant have not any colour of claim for it be limit to her but for  six year so she ought not to have it for a long time and that John be not to  have it unless he be return wherefore it vest in William and thereupon adjudge  for the plaintiff b