c PENHEY v Hurrell S c vern post case a settlement of certain land be make by  Roger Hurrell to the use of the say Roger for sixty year if he and his wife  shall so long live remainder to the use of Samson his old son for life  remainder to the first and other son of Samson in tail male successive  remainder to trustee and their heir upon certain trust to raise money for  maintenance and portion of Samson daughter and after those trust satisfy to  the use of Thomas the second son of Roger Hurrell for his life with remainder  to his first and other son in tail male successive and for default of such  issue to Roger junior the three son of Roger Hurrell in like manner with  diverse remainder over and as to certain other land and premise in the say  settlement freeman er p describe as the manor of Woodley to the use follow  videlicet in the first place for the confirmation of all lease and other  estate thereout former grant and in the next place to the use of the say Roger  the elder for seventy year if he shall so long live with power for the trustee  together with Roger the elder or the say Samson or one of they to raise money  by lease for life or year determinable on the death of five person reserve the  ancient rend and the first pound to be for the use of the say Samson and the  remainder to be equal divide between Roger the elder and Samson and after the  death of the say Roger the elder the trustee name be to stand seize to the use  of certain of their own number for year for raise certain fix portion for  young child of Roger the elder under a proviso that if Samson or such other to  who the say manor shall appertain next after the term for year shall pay or  assure the say portion with some yearly maintenance for the say child till the  portion be Payable that then the say term of year shall be void and after the  determination of the say term of year that the trustee shall stand seize of  one moiety of the say manor to the use of Samson in tail male with power to  make such lease as aforesaid and for want of such issue in trust to raise  portion for Samson daughter and after such portion raise to the use of the say  Thomas in tail male and for want of such issue to the use of the say Roger the  young in tail male remainder to the heir male of the body of Roger the elder  remainder to the heir male of Roger the grandfather remainder to the right  heir of Roger the elder and as to the other moiety of the say manor to the use  of Samson for life with power to lease as in the first moiety remainder to his  first and other son in tail male remainder to trustee for raise portion for  Samson daughter remainder to the say Thomas for life remainder to his son  successive in tail male remainder to Roger the young for life remainder to his  son successive in tail male with further remainder over as declare with  respect to the first moiety after the settlement make a four son be bear to  Roger the elder and also four daughter three of who attain the age of  twentyone year but their portion though subsequent pay by Samson be not pay  when Roger the elder Samson Thomas and Roger the young join in a bargain and  sale to make a tenant to a praecipe in order to suffer a recovery which  bargain and sale be acknowledge by Samson only and enrol and thereupon a  recovery be suffer and the father and three son be all joint vouch before  either of the three son have any issue but the trustee to preserve contingent  remainder be not party and afterward issue be bear to Roger junior and the  main question be whether the issue be bind by this recovery whereupon these  point be resolve though the deed of bargain and sale be acknowledge only by  one of the party yet the enrolment be good enough and so it will have be if it  have be acknowledge by neither of they in case it have be enrol godb Rep c p  Winchcomb v Dunch Absolon v Anderton Leon though the three son be all joint  vouch and one of they only have any legal estate that it be well enough  because the recompense in the value will enure only to he who have the estate  in law Plo c Eyre v Sare Eare v snow Plowd be no doubt the case mean where  tenant for life remainder to his first son c make a conveyance d his estate by  feoff recovery c before the birth of issue this destroy the contingent  remainder and where it have be once destroy at law it have never yet be set up  again in a court of equity Chudleighs case Rep where the trust of a estate be  limit to a man and the heir of his body with remainder over if this tenant in  tail of a trust suffer a recovery the remainder be destroyed Boteler v  Allington Br but where tenant for life of a trust make a feoff or any freeman  other conveyance this be no forfeiture of mrs estate neither will it destroy  the contingent remainder because whatever conveyance he make he have no legal  estate in he it passes only what he can legal grant lethieullier v Tracy atk  but the reason why a recovery suffer by tenant in tail of a trust will bar the  remainder be because he be master of the estate and may call in the legal  estate when he please and have it execute to the trust but this court will  never execute the estate in law to tenant for life to enable he to destroy the  contingent remainder the limitation to Thomas and his issue be after a fee  limit to the trustee and their heir a question be make whether those remainder  after a fee be good and hold that they be because it limit only the trust of  the estate after the money raise and the other trust satisfied See other point  in this case post c p c p and its final decision on a rehear c p Reg lib b fol  the decree as to the point principal advert to in the above report be that the  recovery suffer by Roger Hurrell senior and by his son Samson Thomas and Roger  junior be well suffer as to the moiety of the manor whereof the say Samson be  tenant in tail but as to the other moiety whereof the say Samson be only  tenant for life that Roger Hurrell the grandson of Roger Hurrell senior be  entitle thereto accord to the limitation of the say settlement after the death  of Thomas freeman er p de term paschae in curian porter