a be possess of several message for a term of year upon valuable consideration  by lease and release grant bargain sell and demise the same to trustee and  their heir to the use of himself and equity case abridge his wife for their  life and the life of the survivor of they remainder to the heir of the wife  and covenant that he be seize in fee then the wife die without issue have make  a write in the nature of a will and thereby devise the premise so settle on  her to b and his heir it be insist that nothing at all pass by the settlement  for it be only a term in gross no use pass to the trustee by the statute of h  which only raise the use when a person be seize that by the lease for a year  which be only a bargain and sale no use pass and there be no attornment to  vest it as a reversion and the release be to enure upon it by way of  enlargement of the estate if nothing pass by the lease if no possession be  transfer by that then there be no estate whereon the release can operate that  the estate settle on the wife be only a term for year the limitation to her  heir be void and admit it have be good yet she be under coverture and have no  power to make a will ergo the devise to b thereof be void and then a release  by her heir at law to b and his heir can have no operation and so the term  must go to a the husband Lord Chan be of opinion that though the settlement  can not operate as a lease and release yet a the husband be in possession and  there be the word grant in the release it take effect as a grant or assignment  of his whole interest at commonlaw and though it will not go to the heir of  his wife yet his intention be plain to exclude himself from the whole interest  of that estate he shall not be afterward admit to derogate from it and  therefore shall equity case abridge er p not the word not be in the original  but shall be out vest in those in who by law it ought and shall go to the wife  be administrator for as a intend to divest himself of the whole fee if it have  be a fee there be no reason when it appear to be a less interest that it shall  not pass hill martial and frank ux pale yellow Eq Rep Prec in Chan SC in as  many word b where write remain in the custody OF the obligors