case PENHAY versus Hurrell refer to cope v Arnold de g m g see also case cite  in SC p December Freem S c a seize in fee by deed and fine convey the land to  the use of trustee for seventy year if a so long live remainder to trustee for  three thousand year and after the death of a then to his son b whether the  remainder to b be good Roger Hurrell seize in fee have issue Samson Hurrell  his old son and by deed and fine convey to trustee for seventy year if Roger  Hurrell shall so long Vernon chancery case live remainder to trustee for year  and from and after the death of Roger the father to Samson the son for life  and to his first and other son in tail male remainder to Henry second son of  Roger for life and to his first and other son in tail male with other  remainder over Roger the father and Samson his son by deed and fine convey to  the plaintiff question whether the remainder to Samson for life and to his  first and other son in tail male remainder to Henry for life and his first and  other son in tail be good or void remainder if void plaintiff well entitle as  a purchaser the objection be that a estate of freehold be to commence in going  to be for the first freehold estate be limit to Samson which be not to arise  until the expiration of the term and after the death of Roger and no estate  for life limit to Roger unless a estate for life shall be suppose to result  back to Roger for the plaintiff it be insist that the conveyance here work by  way of transmutation of possession no estate for life can re nor arise by  implication of law as there may in a covenant to stand seize or in a will but  where a conveyance work by transmutation of possession no estate result or  iris but by express limitation for the defendant it be insist that every man  be suppose to be seize of the estate and of the use and where he convey by  deed and fine or feoff if no use be declare the whole result back and use at  law be the same as trust now and in the case of web and Cranmer resolve upon a  appeal to the house of lord that no trust be declare during the life of the  duke of Southampton but only from and Vernon chancery case after the decease  of he and his wife without issue and she be dead without issue and the duke  yet live that during his life the trust result and descend to the heir at law  of sir Henry wood whereunto it be rep lie by the plaintiff counsel that if  what the defendant counsel contend for shall be admit videlicet that whatever  use be not declare or dispose of either remain in the party or result back  that will put a end to all question on contingent remainder and all vacancy in  settlement shall be supply by that notion of a result use and even in the case  of a will where there be a express estate limit to the party as in this case a  term for seventy year to the trustee if Roger so long life he can have any  other or great estate by implication the case of Fenwick and Mitford more and  pibus and Mitford Cr before chief justice hale lane and panel raym roll first  Rep and the case of speed and Davis cite roll the court take time to consider  of it that march Roger Hurrell senr have issue by his first wife Samson by his  second Thomas by his three Roger and Charles and three daughter Vernon  chancery case er p June by deed Roger senr and Samson covenant with eight  trustee to levy a fine in it all of the manor of Woodley the use as to the  manor be declare first to confirm certain lease which have be grant second to  five of the trustee for year if Roger senr shall so long live in trust for he  with power for the trustee with he and Samson to raise money by lease c pound  for Samson the rest between they and after the death of Roger senr to five of  the trustee for three thousand year for raise portion for his young child and  after the death of Roger senr and the determination of the term of pound year  the eight trustee to stand seize of one moiety to the use of Samson in tail  male with power to grant lease remainder to Thomas in tail male remainder to  Roger the son in tail male remainder to the heir male of the body of Roger  senr remainder to the heir male of the body of Roger the grandfather remainder  to the right heir of Roger senr and of the other moiety to the use of Samson  for life remainder to his first and other son in tail male remainder to five  trustee and their heir in trust to raise portion for Samson daughter and after  the death of Samson without issue male and the raise the daughter portion then  the five trustee and their heir to stand seize to the use of Thomas for life  remainder to his son successive in tail male remainder to Roger his son for  life remainder to his son in tail male remainder to the heir male of the body  of Roger senr remainder to the heir male of Roger the grandfather a fine be  levy accord Dec by deed Roger senr in consideration of pound assign his  interest in the term of year to Samson and the trustee who be party but not  assignors covenant to join with Samson in lease die deed indent and enrol  acknowledge only by Samson Roger senr Samson Thomas and Roger junr sell the  manor to Richard half to make he tenant to the praecipe for suffer a recovery  a recovery be suffer in which half be tenant and Roger senr and Samson Thomas  and Roger junr be joint vouch neither of the son have then any issue but the  trustee to support the contingency be not party to the deed or recovery July  by deed Roger senr Thomas and Roger junr declare the use of the recovery to  Samson his heir and assign the portion of the young child of Roger senr be  afterward pay by Samson the plaintiff in the cause claim the whole manor under  Samson and also claim a recompense for loss suppose to have be sustain by he  in respect of lease that may have be grant in the life time of Roger but from  which he be prevent by the trustee not join the cause have be hear before come  on the that of march on the case state by the two counsel which be state in  the decree instead of the plead and then stand over for consideration on the  that the decree be pronounce as to the claim of loss under the year term the  bill be dismiss as to the term of year a account be direct of what Samson have  pay and receive during the year term in the life time of Roger senr and when  all be pay the representative of the survive trustee of the term be to assign  his interest in one moiety to Roger the grandson id his heir to attend his  moiety and as to the recovery suffer by Roger the father and his son Samson  Thomas and Roger his lordship declare the same be well suffer as to that  moiety whereof Samson be seize in tail and therefore order the plaintiff to  hold and enjoy accord but as to the other moiety whereof Samson be only tenant  for life his lordship declare that the defendant Roger be entitle thereto and  ought to hold and enjoy the same after the death of the defendant Thomas  accord to the limitation of the deed of the first June the moieties to stand  equal charge with the portion Reg lib b fol a petition of rehear be afterward  in Michaelmas term present by the plaintiff to Lord summer then Lord  chancellor and the cause seem to have be reheard in Michaelmas term but before  judgement be give his lordship be remove another petition therefore to rehear  the cause be present to Lord keeper wright and the cause be order to be hear  ab origin have afterward abate and be revive it come on to be hear that June  and on the that June judgement be give affirm the decree and the deposit of  order to the defendant Reg lib b fol the editor have be induce to state this  case the more particular because both in the above report of it and in that in  Freem it be inaccurate state and because Mr Fearne in his essay on contingent  remainder page et seq that edition quod vide on the doctrine of the principal  case have a good deal consider it but not with any further reference than to  the print report Vernon chancery case er p Vernon chancery case de term S  HILLARII in curian porter