clxii the lord MOUNTJOYES and barker case in a ejection strong upon a special  verdict the case be this king Edward grant the manor and hundred of Tremington  in fee render rend to hold of the manor of east Greenwich in socage reddendo  annuatin queen mary recite the first grant in the first year of her reign  grant the rend and fealty and the manor of Cauford d S et etian manor nostrum  hundredum de Tremington although she have not the manor to the marquis of  Exeter after which the marchioness be seize of the manor of Cauford hold in  capite and of other land and Philip and mary devise the manor of Cauford d S  and whereas she have nothing in the manor of Tremington but the rend and  fealty out of it she devise the same with the other to the Lord Mountjoy and  also she devise diverse legacy and annuity to her servant and other and devise  by the same will that they shall be levy of the manor of Tremington and of the  manor of d S whereas d S be not manor but farm and one Barker be find heir to  the devisor who claim to have the three part the first question be if the rend  and fealty here hold in capite pass by the name of the manor or not and if the  pass what quantity pass Walmsley they do not pass by that name for this rend  nee in rei in point of fact nee in reputation be ever take for a manor also  she have name it in her will between those which be very manor by which it  appear that her intent be not to pass it unless it be a manor as the other  which sense be also fortify that they shall be levy parcel and take by which I  conceive her meaning be that there shall be some place to which the devisees  may resort to levy it further it be take for law in will that a thing employ  shall not destroy a thing express but if by implication Leonard the rend shall  pass then the manor of Cauford shall not pass which be her express will to  pass as Elizabeth dyer where a man devise his land to one and his heir male  and if he die without heir of his body c here he shall not have tail general  to the heir of his body but to the heir male of his body for that be the  express limitation and the other after but implication so Elizabeth dyer in  chapman case but our case be better for that there be not word sufficient to  warrant any implication for nee in in point of fact nor in common speech be it  ever take for a manor h h green acre may pass by the name of a manor although  it be but a acre of land because it be know by such name in h a man have  suffer a common recovery to his use will that his feoff shall sell c so in  chapman case a man in his Leonard er p will limit a remainder to his family  there it be take the same be a remainder to those which be his next of blood  so e a man devise land to a his daughter in truth she be a bastard she shall  have it because she be know by the name of daughter so if there be grandfather  father and son the father die and the son give land to his father and his heir  the grandfather shall have it for that the son so call he h land be devise to  the right heir of I S who be attaint have issue a son the son shall not have  the land for the word heir intend one who may inherit but he can because a man  attaint can have a heir and that be a strong case than our case in which there  be not any affinity with a manor for it be but a sum in gross but if it have  be a acre of land peradventure it shall have pass but be rend common estrovers  or other profit they can pass for they have not any resemblance to the manor  but peradventure a man have a manor parcel in demesne and parcel in service if  he alien his demesne and afterward devise his manor the service will pass  gawdy all the difficulty of the case be this if by the devise the rend out of  Tremington shall pass for if not then the three part thereof come to Barker  and I conceive clear that the rend shall pass for will shall have a favourable  construction accord to the intent of the devisor and no part thereof shall be  void if by any mean it may be make good for intent then appear that something  shall pass out of the manor of Tremington for otherwise a clause in her will  will be frivolous for it be precise find by the jury that neither at the time  of the will nor at the time of her death she have nothing of the say manor of  Tremington but the say rend of one hundred thirty and six pound also it may be  take that she who devise be ignorant of the law and conceive that it be a  manor when she have rend and service out thereof notwithstanding that those  who be learned in the law know that a manor Leonard can not pass without there  be two suitor at the least r devise land be devise to one for life the  remainder Ecclestiae consecrated andreae in Holborn there it be hold in a ex  heavy complaint that the parson shall recover for otherwise the devise shall  be void if the parson shall not have the land and in will shall subserve and  give place to the intent of the party and therefore if a man devise that his  land shall be sell for the payment of his debt his executor shall sell they  and to that intent the name of they executor be sufficient blow Com in Weldens  case it be vouch to be adjudge that if one after the statute of h devise that  his feoff shall be seize to the use of a in fee that it be a good devise of  the land to a and yet then he have not nor can have any feoff c but the party  be ignorant of the statute and his intent to pass the land be apparent in that  case the word be as much impertinent to the matter as in our case for there he  have not a feoff as here she have not any manor Br recite that in h it be hold  by Baldwin Shelly and Morgan that if a man who have feoff to his use will  after the statute of h that his feoff shall snake a estate to I S that the  land shall pass to I S h feoff faits land can pass by the deed of a house for  it can be parcel of a house but a acre of land may be give by the name of a  carve and a carve of land by the name of a manor and yet a carve can be no  more a manor than this rend yea rend and service more resemble a manor than a  carve of land it can be intend that her will be here to pass the manor it self  which be not in her but in another also she by four year before have the rend  and therefore it shall be intend that it be her meaning to pass the same which  she her self receive and no other thing and although in the devise the rend be  special name and the manor also yet the same shall not alter the case for if a  man grant the reversion upon a estate for life and by the say deed grant the  land and the tenant attorns and the grantee devise all his land the reversion  shall pass without all question if a man grant the advowson of d and in the  same deed the church and rectory of d and the grantee devise the rectory of d  the advowson shall pass in Adam case blow Com a man leas his capital message  render rend there the question be if the reversion or rend shall pass it be  adjudge that all which he have pass as to that that it can be levy out of the  rend for that no place be therein of distress I say that she do not know  whether a lesser rend may be pay out of a great rend and I h multure Leonard  be grant reserve rend and the grant be good the Leonard er p word of the will  be all which manor land and tenement c she devise to the Lord Mountjoy and  these word expound her meaning for although the word rend be not within the  word manor yet the word land and tenement do comprehend it and word subsequent  in will may express the premise as Elizabeth dyer chapman seize in fee of two  house have three brother devise the house in which a inhabit to his three  brother and a to dwell there and they not to raise the rend and devise the  house in which b his brother dwell to he and that be pay to c his brother for  to find he at school and otherwise to remain to the house proviso that the  house shall not be sell but shall go to the next of the name and blood which  be male and die b his brother die without issue the old of the two middle  brother enter and have issue a son and die it be a question if the son or the  middle brother shall have the house and it be hold that the son of the old  shall have it in tail which exposition be by reason of the word in the proviso  that it shall not be sell and that it shall go to the heir male Shuttleworth  the rend shall not pass by the devise for the construction of a will ought to  be accord to the word or accord to the intent collect out of the word and not  by a thing out of the will for then a stranger shall be the maker of the will  of another and h if a will be doubtful it ought to be expound for the heir at  the commonlaw and if the rend ought to pass it ought to have apt word and not  the name of a manor and thereupon be put the case that where one devise  certain land to one and afterward his good lease and other thing to another  all his good and term shall pass but not his land for that there want apt word  to pass they for the word other thing shall not pass they and this set order  ought to be observe for the avoid of confusion and the rend and service shall  not pass for the two part admit the word sufficient for they can be divide but  periam say that the rend may be divide Anderson say that it shall be but a  rentseek Periarn say it be a rend distrainable of common right but Anderson  doubt of it but they all agree that it may be divide but there shall not be  two tenor Fenner the rend shall pass by the devise of the manor for there be  no difference betwixt a manor and a signiory in gross among layman and then  their intent shall be take although it be not write by apt word for in grant a  reversion shall be take for a remainder and h strong a devise and e a manor  shall pass by the name of a knight fee and h a wood shall pass by the name  Leonard of land and e by grant of totan terrain which a hold in dower the  reversion shall pass afterward in mich term the plaintiff discontinue his  action and periam tell I I be at his house that the opinion of the court be  against the plaintiff and if it have not be discontinue they will have give  judgement accord now this be the intent of the Lord Mountjoy the marchioness  have devise all her land and have not leave any thing to her heir for which  case the heir of the marchioness enter into the three part of the manor of  Cauford of which the lease upon which the ejection strong be bring be make by  the Lord Mountjoy to insley and into the three part of the residue of the  whole land now his meaning be that if the rend be not well pass by the name of  the manor then the same descend to the heir which be sufficient for he for the  special verdict find also that the rend be the three part of the value of the  whole land of the marquis so that thereupon it may be collect that if a mark  have three manor some of they hold in capite and of equal value and he devise  two of they and suffer the three to descend that the devise be good for every  part of the two manor and the heir shall not have the three part of each manor  pasc Elizabeth in the common plead