case lewen against cox easter term Elizabeth roll a devise to his two son  equal and their heir create a tenancy in common ante roll ab   light b note    b I atk atk strange Peer will Eq Cas ab pl vezey salk Carn Mod ld raym Peer  will brown par Cas brown par Cas Wilson Com dig Cowp upon a special verdict  the case be lewen devise land to his two son equal and their heir whether it  be a joint estate in the son or that they be tenant in common be the question  coke attorneygeneral show that they be jointtenants for first it be agree that  a devise to two and their heir be a joint pstate in they notwithstanding the  opinion in Henry and so it have be oftentimes agree and it be as clear that  this word equal by the rule of the commonlaw unless it he in a will alter not  the estate but the intent of the devisor be to he search and as to that he  conceive that it can make a tenancy in common in the devisor intent for it  signify only a unity and identit of estate and there can be a more equal  estate than to they joint and when the word of a devise do not show any  apparent intent to change the estate which the law limit it will he violence  to the word to distort they to another sense the manner also of place the word  equal be to he observe but if it have be to they and their heir equal so as  the intent may have be collect that their heir shall have it equal it will  peradventure have be strong for then their heir may croak Elizabeth not both  have have it if it be a joint estate and therefore Elizabeth betwixt Pettywade  and coke in this court where one have three house and three son and devise to  every of his three son a house in tail and if any of they die without issue  that the two survivor shall have his part equal to he divide betwixt they it  be doubt what estate the two shall have in that part after the decease of one  of they without issue and it be rule for life for the word part do not enlarge  the estate and that by these word equal to be divide they be tenant in common  and not jointtenants but there the word show the devisor intent that they  shall be several and divide estate and it be rule there that equal divide and  equal to be divide be all one and so it be rule here in dickens v marshal a  and so also in Elizabeth where a devise be make to two equal it be hold to be  a joint estate but shepherd case b in Elizabeth S good law that a devise to  two equal and to the heir of heir body make a tenancy in common for as the  inheritance be in common so his intent shall he collect for the particular  estate quod Penner to go away but it be not so here Altham contra for if they  he not tenant in common this word equal will he vain and no word in a devise  or rant shall he void if it may have any good exposition in Ph mark Hendloe it  be rule that a devise to two part and part like make a tenancy in common for  there be no part betwixt jointtenants and therefore his intent appear that  they shall he tenant in common for there be not any word in a deed or will  which shall he idle if it may be take to any reason able intefit and to that  purpose cite bold case dyer Fenner hold that they be jointtenants for  jointtenants have a equal estate and equal profit and a will be to he expound  after the judgement of the commonlaw when the intent appear not to the  contrary and therefore if a devise he to a Trin term Elizabeth ante cite ante  croak Elizabeth er p baron and feme and a three person as they be jointtenants  as by purchase during the coverture and the baron and feme have but a moiety  Popham contra for the word equal have two signification in the one it refer to  the estate in the other to the quantity of the land and here to which of they  this shall he refer be the question if one devise his good equal to two there  be not any jointtenandy for equal show his intention to give to either of they  a equal proportion so of a devise of a term to two equal they be tenant common  for otherwise there shall not be a equality in property if all shall go to the  survivor but a devise of land to two equal they be jointtenants for there be  not any inequality or loss although the survivor shall have all for the other  can have it but during his life but if a devise be to tuum and their heir  equal or part and part like there be a tenancy in common for every one of  their heir shall have it and if the one shall have all by the survivorship it  be not equal as to their heir and so here they be tenant in common and there  be not any difference between this and shepherd case Clench agree with he in  omnibus and afterward it be adjudge accord that it be but a tenanccy in common  and affirm in a writ of error in the exchequer upon the opinion of four versus  three c