case tempt Hardwicke MAUDY and MAUDY where from the word of the will it shall  be manifest that other to the exclusion of the testator old son and heir at  law shall take certain rend parcel of a ground rend issue out of freehold land  hold that on the event mention in the will happen the reversion of the land  itself pass to the exclusion of the heir stram Barnard b r Fitzgib pl the  opinion of the court Lord Hardwicke c j this be a writ of error from a  judgement give in the common case tempt Hardwicke er p plea in a feign action  wherein the plaintiff declare upon a colloquium concern the will of Maudi the  first count whereof lie that the defendant aver that the testator devise  several house and ground rend mention in his will to several person and that  plaintiff aver be do not devise say ground rend by his will the second count  be that defendant aver the testator devise the reversion of say house between  Sarah Elizabeth Henry c son and daughter of say testator and that plaintiff  aver he do not devise say reversion and thereupon two issue be join first  issue be whether testator do devise say rend in manner as allege by the  defendant second issue whether the reversion be so devise these issue be try  at nisi prius before the late Lord king and on the first the jury give a  general verdict for defendant on the second they find a special verdict to  this effect videlicet they find that before the testator have any thing in the  premise videlicet in the year a b and c be seize in fee of red lion field and  do demise part of the say field to one baker for year at a pepper corn for the  first year and pound per and for the remainder of the term that they demise  another part of the say field to one hoar and another part to one chamberlain  that the say lessee enter and that afterward chamberlain make a underlease of  his premise to one William that afterward videlicet in the year the say  lessors be seize of the reversion in fee do by lease and release convey the  reversion of chamberlain premise unto he say chamberlain and that chamberlain  convey say reversion to the testator that afterward videlicet in the say  lessors do by bargain and sale enrol convey the reversion of hoar and baker  premise to say tesator and so he become seize in fee of all the reversion and  be so seize he make his will which the jury find in haec word the most  material part whereof be these he begin his will thus in respect of my worldly  estate I dispose thereof as follow then he give several devise to his child in  all of which there be part of his real and of his personal estate also  comprise he devise to his daughter Sarah to her and her heir for ever pound  per and be part of the pound ground rend in or near red lion square case tempt  Hardwicke to his daughter Elizabeth l other part thereof to his son Henry l  other part thereof to his son Benjamin z other part thereof to his son Daniel  l other part thereof to his daughter mary pound per and the remain part of the  ground rend in or near red lion square item say the will to my undutiful son  Ventris in hope he may reform pound per and on the million bank ticket and if  any of my child die before any of their legacy become Payable the same to be  divide between all the rest except my undutiful son Vetitris he be to have no  more than what I have before give he unless all my child shall die and he only  be live and give his wife the residue and make her executrix so that the  residue comprise only his personal estate they find that the testator die and  leave four son the say Ventris be his son and heir and three daughter that the  say ground have be since build upon be now worth pound per and but whether the  reversion be devise by the say will in manner as defendant be say to aver they  refer to the court the court of common plea upon this verdict give judgement  for the defendant and plaintiff have bring his writ of error and assign the  general error the only question in this case be that which be refer to the  court by the jury and that as have be right say depend on two consideration  first whether it be the testator intention to devise these reversion second  whether such intention may by law have any effect and we be all of opinion  that the judgement give by the common plea be well give case tempt Hardwicke  er p devise and in such case prohibitory clause have always be allow to  explain the testator intention so in Skinner Mod the devise be thus I hear  that John reeves be inquire after my death but I resolve to give he nothing  but what his father case tempt Hardwicke bath give he by will I give all my  estate to my wife c the court hold that a fee pass to the wife rely on the  testator intention appear by that clause that John reeves shall have nothing  and that therefore he can take nothing by that will so in h will c and bro Abr  devise devise that I S shall have his land in d after the death of his wife  hold a devise for life to the wife by implication which have be hold law ever  since and be so affirm in Vaughan for as to the second consideration there be  some variety of expression in the several devise but they be all of they  devise of part of the ground rend and the difference in the expression be  immaterial it be say that the devise can extend only to the rend then in be  and that the testator may devise the rend without the reversion but we be all  of opinion that the will be take altogether the word will comprise the  reversion for it be unnatural to suppose he intend to sever they and all the  devise be in fee but to get off it have be endeavour to construe these devise  in two way as devise of a rentcharge the quantum thereof to be the  apportionment of the ground rend but it be a very force construction to say it  be a creation of a rend or at least it be more force than to construe it a  devise of the reversion the other way be to consider the heir at law a trustee  and compellable in equity to renew the lease and reserve at least pound per  and for the devisees but even that make a equitable interest in the reversion  to pass to the devisees videlicet a trust and if any interest passes why shall  it not be what be most plain and obvious and beside the rend to be reserve  upon such new lease will not be the specific ground rend devise by the will so  that the word of the will can only be satisfy by this construction that we be  make so in the case of kerry and Derrick which be in more and cro James a  devise of pound per and in Surre or of the rend in d as it be in cro be hold  to pass the reversion it be indeed say in more that the defendant be advice to  bring a writ of error but that do not at all weaken the case with I for I  imagine a writ of error be bring and judgement affirm for in cro James t be  report as a case in the but quaere that for in my edition of croak it be  entitle in common banc in the top of the leaf and the very next case before it  be a case in the common plea for the name of the judge of that court be but to  the opinion give and so be the next but one after it for there the  prothonotories be mention king bench whereas more report it as in the common  plea and the reason of the court as it be in cro hold strong in this case so  as in cro it be say that its actual form for case tempt Hardwicke people to  name their land by their rend we may say here that it be a common thing for  people to mean their inheritance when the v speak of their ground rend and  will must be understand accord to the common form of expression Owen see the  case here cite the word livelihood be therein hold sufficient descriptive of  land and brook say it be in ancient time use in diverse place of this realm  and have be take for a inheritance to which dyer agree so judgement must be  affirm see t r Doug n where this case be cite for the point that the intention  of the testator to exclude the heir may be gather from the whole of the will  as to the general effect of introductory word in a will see the case cite n a  Bos pull see also I Bos pull east r east r I n r and as to the other point  namely that a devise of rend be a devise of the estate see Mod salk comb t r p  wms see also I bro c c where it be hold that a bequest of leasehold ground  rend passes not only the reserve rend but also the reversionary leasehold  interest case tempt Hardwicke er p