coke b SONDAYS case hill James in the court of ware S devise a certain house  to his wife for life and after her decease his son W to have it and if his son  W marry and have any male issue lawful beget of his body then his son to have  the house after his decease if he have no male issue lawful beget of his body  then his son S to have the house if S marry and have issue male of his body  lawful beget then his son to have the house after his decease if no issue male  then his son t to have the house if t marry have a male issue of his body  lawful beget then his son to have the house after his decease if he have no  issue male then his son r in like manner et as many word and so to d as many  word and then he add this clause if any of his son or their heir male issue of  their body go about to alien or mortgage the house then the next heir to enter  resolve a estate in tail male in all the son be create tenant in tail can be  restrain from alienate by recovery either by condition or limitation or by  devise Swinb Bridgm merick Sunday be seize in fee of a house in Lambeth hold  in chief by knight service April by his will in write devise the say house to  Margaret his wife for life and after her decease his son William to have it  and if his son William marry and have by his wife any male issue lawful beget  of his body then his son to have it if he have no male issue lawful beget of  his body then his son Samuel to have the house if Samuel marry and have issue  male of his body lawful beget that then his son to have the house after his  decease if no issue male then his son Thomas to have the house if Thomas marry  have a male issue of his body lawful beget then his son to have the house  after his decease if he have no issue male then his son Richard in like manner  et as many word and so to Daniel as many word and then he add this clause and  his will and mind be that if any of his son or their heir male issue of their  body go about at any time to alienate or mortgage the house that then the next  heir to enter coke a upon the house and enjoy it and afterward merick die and  William die without issue male have issue Margaret who have the three part of  the house in respect of the tenure Samuel also die without issue male Thomas  enter into two part and Trin James he and his wife suffer a common recovery  with single voucher which be to the use of the say Thomas and his heir and  afterward that December Thomas die without issue male and in this case two  question be move what estate Thomas bad if by the suffer of the say recovery  he have forfeit his estate and that thereupon the entry of the say Richard be  lawful or not as to the first it be object that when merick devise that Thomas  his son shall have his house if the will have not go far he shall have have  but for life then when he add if Thomas my son marry have a male issue that  then his   light a palm die pl   b coke report b er p son to have the house  that be a express devise to the son that he shall have and not to himself but  it be answer and resolve that as well the say Thomas as the other son have a  estate a tail to they several and to the heir male of their body a and that  for three reason because be further say if he have no issue male his son  Richard to have it which be as much to say if Thomas die without issue male  which word be sufficient to create a estatetail in he b that the say last  clause if any of his son or their heir male issue of their body go about c  which explain the first word that the male issue shall be heir and take by  descent the first word be that his son shall have the house after his decease  I e shall have it as heir for the word of the will make it manifest and if any  of their son or their heir male issue of their body c also after it be say  that then the next heir to enter the thing prohibit prove it also for as well  his son as their heir male be prohibit to alien or mortgage c and every  restraint b imply and especial in a will that the party if the restraint have  not be make have power to do that which be prohibit which be the reason that  he restrain they and if his son shall have but a estate for life a this clause  of restraint that if they shall alien c that then the next heir shall enter c  will be idle and of no effect as to the d point it be resolve by the two chief  justice chief baron and the court of ware that no b condition or limitation be  it by act execute or by limitation of a coke b use or by devise in a last will  can bar tenant in tail from alien by c common recovery for the cause and  reason report at large in the six part of my report in sir Anthony mildmay  case and accord to those resolution the case be decree c c