case BLACKBORNversus hewer edgley et e contra Reg lib a fol see key v key de g  m g Lord chancellor Parker Eq can ab pl pl pl pl pl I Mr hewer late of Clapham  be a single man and have a vast real and personal estate and a near relation  whether the wife of Samuel edgley for who and who issue he intend the bulk of  his estate by will date the that of September after have declare his intention  that his name and family shall be continue by some of the child of his cousin  whether edgley direct that his manner of housekeeping peer William er p at his  dwellinghouse at Clapham shall be continue for one year after his death as  also his servant at the old salary and that pound per annum shall be allow his  cousin whether edgley for that purpose and after the expiration peer William  of that year his cousin whether edgeli shall continue to live at his house at  Clapham and that her son hewer edgley shall cohabit with her there in the same  manner as he then do with the testator that the say whether edgley shall be at  all the charge of housekeeping servant wage and coachhorse to the numberthat  he maintain and to enable her so to do he direct that pound per annum shall be  pay to her by quarterly payment for her life and that in case her son hewer  edgley shall marry and his mother the say whether edgley shall think fit to  live from he and to quit the house and furniture then she to have pound per  annum for life and he devise all his freehold estate and also the residue of  his personal estate to trustee their heir executor and administrator in trust  to convey all his freehold estate to the say hewer edgley for life without  waste remainder to trustee during his life to preserve contingent remainder  remainder to his first c son in tall male remainder to his daughter in tail  general as tenant in common with power to the say hewer edgley to make a  jointure of any part not exceed half the premise and if hewer edgley shall die  without issue then he devise that the premise shall be settle in four  videlicet one four to his cousin John Blackborn in fee another four to his  cousin Abraham Blackborn in fee another four to his cousin whether Jackson in  fee and the remain four to his cousin Susanna edgley young daughter of the say  whether edgley in fee and in case all or any of the say four remainderpersons  shall be dead at the time when by virtue of the say settlement his estate be  to devolve upon they then the four part to which the person so dead shall have  be entitle to if live shall be convey to the respective heir of the person so  dead and devise the residue of his personal estate subject to the  aforementioned legacy to be lie out in land peer William and settle in the  same manner as he have before devise his real estate and make his trustee  executor and die the testator be seize in fee of some little land by he always  employ for the produce hay and corn which be constant spend in the house and  the land be blow with the coachhorse which the testator keep the kinsman hewer  edgley marry the daughter of sir Simon Stuart and he and his wife be not  incline to live with the mother mrs whether edgley at the house at Clapham  hewer edgley appoint a jointure to his wife exceed a moiety of the premise and  Susanna edgley one of the four devisees in remainder die without issue  unmarried Samuel edgley the father of hewer prepare a bind for hewer edgley to  sign for the payment of pound per annum to the father for life which the son  for some time decline to execute save it be more reasonable that the father  shall depend upon his honour upon which the father leave the bind with he  declare if he will not sign it lie may let it alone but afterward hewer edgley  the son in the absence of the father just before he go to travel do sign it  and direct that it shall be deliver to his father in this case the follow  point be debate and resolve by the Lord chancellor first it be object that  though the house at Clapham pass to the mother for her life if she will live  there yet only the house and curtilage will pass and not the land employ for  the produce hay and corn c and the rather peer William because all his land  and freehold estate be devise elsewhere to trustee for the cousin hewer edgley  for life c say per cur by the same reason it may be object that the house at  Clapham be devise away which however be not pretend it be true that by the  grant or devise of a house with the appurtenance only the garden and orchard  will pass with the house vide Com dig devise n grant e but the devise of the  house with the land appertain will pass the land in question vide Gulliver v  Poyntz will black S c do v Martin black do v Collins t r buck v Nurton I Bos p  now the intention of the testator be that after his death during the life of  his kinswoman whether edgley every thing shall be carry on and transact as it  be in his lifetime and this to such a nicety as that the same number of  servant and even of coachhorse be to be employ the same hospitality observe  the same horse use in blow the land which can not be unless the land be to  continue as before to be enjoy with the house wherefore peer William er p as  it seem to have be his intention not to part they let those land which be  before constant enjoy with the house and the profit whereof be apply to the  maintenance of the house continue to be so enjoy second it be insist that it  appear plain hewer edgley and his wife and family be to have the liberty of  cohabit with and be diet by his mother at this house at Clapham and therefore  if he shall waive that or elect to live from his mother this will exempt her  from any necessity of expend so much and consequent there ought to be a  proportionable abatement out of the pound peer William per annum which be  allot to be pay to her for housekeeping cur I admit hewer edgley may live at  the house at Clapham with his mother as former he do with the testator but if  he will live there with a great number of servant or horse than be there in  the testator lifetime it seem to I that his mother be not bind to maintain  they she be only to maintain he in the same plight and manner as the testator  do neither ought there to be any abatement of the pound per annum by reason of  the son absence any more than there ought to have be for the year that the say  hewer edgley travel and be beyond sea after the testator death and as though  he have die there shall be no abatement of the pound per annum by the same  reason there shall be no abatement in respect of the voluntary absence of the  say hewer edgley for the testator intend that in all event during the life of  his cousin whether edgley there shall be the same hospitality as in his  lifetime only in case whether edgley shall leave the house which be leave  entire to her election then indeed she be to have but pound per annum instead  of the pound per annum but this latter sum be to be pay her very exact  videlicet quarterly during her stay there and care be take that even the  repair of the house shall be pay out of the other part of his estate three  object that the jointure make by hewer edgley on his wife exceed a moiety of  the premise and consequent have go beyond the power be void cur here neither  be nor can be any jointure for as yet the son hewer edgley have no legal  estate till the trustee convey to he and until he have a estate he can pass  none wherefore I can take no notice of this peer William equitable appointment  nor can it proper come in question at this time not be to take effect till  after the husband death and perhaps never will as he may survive his wife  fourthly object that hewer edgley by virtue of the word if he die without  issue of his body shall have a estatetail in the premise and then it will be  in his power to bar the remainder by a recovery and this be the rather a  estatetail in he for that otherwise the daughter of his son can never take  which will be against the testator intention to which it be answer that here  be a express estate for life limit to hewer edgley and the word if he shall  die without issue be only word of implication will not merge and destroy a  express estate for life accord to Bamfield and Popham ante but the court  explode the notion that word of implication shall not turn a express estate  for life into a estatetail and say that if I devise a estate to a for life and  after his death without issue then to b this will give a estatetail to a  accord to Sunday case   b send qure for in Sunday case there be no express  estate for life give to the first devisee ante but here be a limitation upon  hewer Edgleys death to his son and after to his daughter the follow word if  hewer edgley shall die without issue must be intend if he shall die without  such issue vide Humberston v Humberston ante and as to what have be urge that  unless these word be to create a estatetail in hewer edgley his son peer  William daughter can not take it do not appear the testator intend hewer  Edgleys son daughter shall take for he may think that on hewer Edgleys die  without issue male his name and family will be determine for which reason he  may limit it over to the daughter of hewer edgley himself beside the son of  hewer edgley will be tenant in tail and when of age may by docking the entail  give the premise to his daughter vide Bamfield v Popham ante five object that  on the death of Susanna edgley the devisee of one four of the premise in  remainder in case hewer edgley shall die without issue her four part be not to  descend to her elder brother and heir at law hewer but to be subject to a  executory devise to such person as will be heir at the death of hewer edgley  without such issue as aforesaid and not to vest in the mean time peer William  er p cur this remainder in fee of a four part do vest in hewer edgley as heir  of his decease sister Susanna for she have a devise of the four part to her in  fee the word direct a conveyance to be make in case of her death to her heir  be no more than what will have otherwise be imply et expulsion out eastern in  what manner tacit sew up nothing service six neither be the furniture of the  house at Clapham to be sell while mrs whether edgley stay there for it be say  by the will that if she think fit on the marriage of hewer edgley to quit the  house and good this show that until then she be to enjoy they but the word be  not strong enough to carry the good as heirlooms with the house after mrs  whether peer William edgley shall quit it or die then they shall be subject to  the trust of the will seven as to the son bind to pay the pound per annum to  his father the word say by the father that if the son will not sign it he may  let it alone may be speak in such a manner as to amount to a threaten and with  design to intimidate the son but it may also be otherwise and the son have say  that this ought to be leave to his honour the father seem to have acquiesce  under it after which the son as bind in honour without the privity of his  father and in his absence execute the bind and direct it to be deliver to his  father so that for ought appear it be his free act and what he think himself  oblige in honour to do and therefore without any proof to impeach it shall not  be set aside in equity