case LXII I Elizabeth dyer h h Perkins h h Br case hob earl of ormond case  Leon more Leon dyer a seize of diverse manor in fee before the statute of h of  use make a feoff in fee of those manor to b to the use of his last will and  afterward by indenture declare that his intent be that b shall pay his debt  and afterward convey those manor to a and his wife in tail the remainder to a  in fee a die before the statute of use h resolve by all the judge of England  that no use rest in a and his wife until a estatetail be make to they and that  this indenture do not amount to a declaration of the last will of a which can  only take effect by his death for the gift in tail to he and his wife be to  take effect in his lifetime which can be if it be take for a will and also the  wife be a stranger to the land upon a fine or feoff or recovery to guide the  use of they the owner of the land declare that the conusee feoff or recoveree  shall make a estate of the land to d for his life at this day and before the  statute of use a use vest in d accord if the owner of the land limit the use  to himself for life theuse of the fee vest in he for there be no consideration  to vest the use in any other person but at this day if a feoff be make upon  condition to give the land in tail to the book hob be the feoff stand seize in  the mean time to the use of he that make the conveyance c and so be the law  clear hob f or to feoff the feoff the use be not change the use vest in the  feoff until the gift or feoff be make but if a fine feoff or recovery be  original to the use of a will and afterward the owner of the land declare by  indenture that a stranger shall have the land without a consideration or that  any of his blood shall have it this indenture amount to a will and be  revocable but if original there be not any declaration Jenkins to the use of a  will nor any discourse concern it but the use be limit to some stranger  although this be without any consideration it can be revoke for a gift vest  and execute can be avoid where a use be raise before the statute of use if the  owner declare that his feoff shall make a estate to a in tail this change the  use to a h for this be a grant of the use in tail but in the principal case  there be only a intent and perhaps his debt be so great that no estate shall  ever be make for it be limit after the payment of his debt and in the  principal case although the use original be to the use of the will of a and so  the fee of the use be in a yet the say indenture before the statute of use  declare that the feoff shall convey it to he and his wife in tail he thereby  declare the intent of the use aforesaid to be that the feoff shall have the  use in fee to the intent aforesaid