brown versus cutter ejectment special verdict Surre see SC sub nom Luxford v  cheek lev show devise show John cheek have issue four son Burgundy Robert  Anthony and John and march Elizabeth make his will in write thus first I will  that my wife shall have and enjoy all my house c in Thames Ditton during her  natural life if she do not marry but if she do marry then I will that my son  Burgundy shall present after his mother marriage enter and enjoy the say  premise to he and the heir male of his body and for default of such issue to  my son Robert and the heir male of his body with remainder to his other son  and so over to stranger October John cheek the testator die his wife Isabel  enter and August die Burgundy cheek enter and have issue two son videlicet  William his old and Robert his second lessor of the plaintiff June Burgundy  die seize and William enter and become seize prout law and have issue John and  mary wife of Benjamin cutter the defendant September John die without issue  before his father June William cheek die seize mary enter July Robert cheek  lessor of the plaintiff enter Raymond sir t and judgement be give for the  plaintiff and our opinion be deliver by my brother Jones the reason of my  opinion be as follow the intention of the devisor be the polestar that ought  to guide the judge in the exposition of all will it be necessary to consider  what estate the testator intend for his wife by his will and I be of opinion  that he intend her a estate only durante widowhood which the Lord coke say    light a be in judgement of law Raymond sir t er p a estate for life  determinable and in plead the grantee shall say that by virtue thereof he be  seize for life which be premise the question will be whether by the will she  have a estate durante widowhood the word whereof be I will that my wife shall  have and enjoy all my house land c during her natural life if she do not marry  and I do conceive they be so much and no more for what be a estate during  widowhood but a estate to continue till she do marry and such a estate be not  tie up to the word durante widowhood as exchange warranty frankmarriage  frankalmoign c but any description thereof will satisfy which be so then the  word but if she do marry after my death be no more than in case the estate  shall determine then I will that my son Burgundy shall present enter c by  which it be most plain that here be no contingent remainder but a estate vest  in Burgundy to take effect in possession upon the marriage or death of the  wife that the intent of the devisor be such appear by the timitation for he  intend that the land shall go to his son and their issue male and not to the  female which will not be if this shall be a contingent remainder and such  intention have be in all age regard in esteem of issue male I Reg to put out  of the way de ahab mingent ad parietes Plowd now this intention will not be  attain without much improbability because of the age of the wife for she have  four son at the time of make this will and her greatgrandson be bear within  less than forty year afterward as appear by the record and so she can not be  very young and consequent not inclinable to marry by her marriage she will  lose this estate which for aught appear by the record be all her subsistence  both which be sufficient restraint of her marry again without which the  testator intent will not be complete object it have be object that the meaning  of the testator can not have be express more plain for a contingent Raymond  sir t remainder that Burgundy shall have a feesimple if his wife do not marry  resp it may have be much more plain express to have say if she do not marry  live Burgundy then c as pell and brown case be or by a more large description  of all the circumstance of his intention object by this construction the old  son will have less power of his estate than the young if his mother have  survive he because he can not have make a estate in fee by a recovery resp  that disability arise not from the estate give but from the collateral  accident of the mother survive and so it be in all vest remainder where be a  tenant for life in be and here the mother may have survive all the remainder  as for authority though they can be expect in case of a will to be very direct  yet to I these seem pretty apposite videlicet more pl holcroft case sir John  Holcroft seize in fee covenant to levy a fine to the use of himself for life  the remainder to his son sir John for life until he attempt to alien and then  to hamlet Holcroft during the life of sir John jun the remainder to sir John  the youngers first second three and four son successive and the heir male of  their respective body the remainder to the say hamlet in tail male sir John  sen die sir John jun have only one son who die and then sir John the young die  resolve that hamlet have a estate in remainder present though sir John the  young have but one son yet the remainder in tail vest in possession in hamlet  after the death of the say sir John the young without issue cro Jones foy  versus hind Martin Keilway seize in fee give his land after his death without  issue male to Henry Keilway in tail male until he or they make any act to  alter or discontinue this estatetail and then to Thomas Keilway and the heir  male of his body with several remainder over the devisor die without issue  Henry enter Thomas die leave issue Richard Henry levy a fine Richard enter it  be object that Richard can not enter because the remainder devise to his  father be contingent videlicet to arise upon Henry alteration of the estate  and not before and then Thomas die before the contingent happen the remainder  can not vest but resolve the remainder to Thomas be not contingent but a  immediate Raymond sir t devise because shall it be contingent the devisor  intent will be destroy which be that every one in remainder success Raymond  sir t er p sively shall enjoy the land and so in the case at bar and judgement  be give by the whole court except Scrogs chief justice who be absent and sit  not at any time this whole term memorand February be the last day of this term  sir creswel levinz attorneygeneral be make sergeant and give ring pron   interrog  inscription to be king to be a servant jura to make safe he keep his  feast in the hall of sergeant inn in Chancerylane where be no nobleman but the  Lord privy seal earl of Anglesey his coif be put on and he count in the  treasury of the common plea so soon as he be swear at the chancery bar and the  Lord chief justice north send to the judge of b r to be present but our  business will not permit we memorand march sir Richard Weston Knt puisne baron  of the exchequer die at his house in Chancerylane