case sir james Lowther against Lord Charles cavendish that may one have  freehold and leasehold estate in c devise all his manor land tenement i of  coal and lead to c hold the leasehold as well as freehold pass lib Reg b foe S  c Eden sir James Lowther decease have both estate of inheritance and  leaseholds in the county of Cumberland by will devise in these word I give all  my manor land tenement ambler i of coal and lead rend and hereditament  whatsoever in Cumberland to James now sir James Lowther the plaintiff in tail  and whereas I be owner of several burgage tenor in Cockersmouth it be my will  they shall not be entail as I have do my other estate in Cumberland and  therefore I devise they to sir William Lowther and his heir and whereas I  think it right for James Lowther to have all the estate which sir William have  in Cumberland and for sir William to have all the estate which James Lowther  have in Yorkshire I give pound stock to sir William Lowther and a in trust for  James Lowther to receive all the dividend till sir William Lowther shall by  absolute conveyance make over to James Lowther and his heir all his estate in  Cumberland and James shall make over his estate in Yorkshire to sir William  and in case of neglect or refusal by either within eight month after James  Lowther come of age such person shall not have any share of the pound and in  case it be make good and complete by they both the pound to be equal divide  between they and he make sir William Lowther sole executor and residuary  legatee sir William Lowther die before any exchange be make and before sir  James camp at age two question arise saint whether the leasehold estate pass  by the devise to James Lowther or come to sir William as residuary legatee d  whether James Lowther the plaintiff be become entitle to the legacy of sir  Robert Henley Lord keeper it be plain from the cause except the burgage tenor  that the testator think he have entail these leaseholds upon sir James the  word estate in the will be a general term and comprehend both freehold and  leasehold and be not restrain to either but it be say that he have both sort  of estate by the general word estate of inheritance only pass accord to the  case of rise v Bartlett cro car a single authority where it be hold ambler  that the word land and tenement relate to estate of inheritance only that  resolution may be law in that particular case though I can see no reason why  those word shall not include leaseholds too ambler er p as they have be hold  to do where other word be add as in Addis v clement wms land in which he be  any way interest in the present case there be word insert which be material to  pass leaseholds as i and rend which it will be strange to suppose he to devise  without the land of which they be the profit and from whence they flow he can  never intend to give they in the residuary clause after he have before  specifical devise every estate he have to d this be a bequest of a chattel  bear fruit to sir James Lowther subject to be defeat by a subsequent event of  his refusal to exchange in such a case the legatee have a absolute interest in  the legacy till the event happen just as the owner of a base fee have till the  determination of it as absolute a interest as the tenant in feesimple and if  the event become impossible the legacy become absolute as if give upon a  impossible condition for then the condition be void as repugnant and the  legacy be good this be bequest to enclose on all sides causan non benevolence  a species at first reprobate by the Roman law as nomin pnae but afterward  permit the end he intend by it be a exchange of their estate upon that event  it be to be share between they by sir William death that event become  impossible sir James be not in fault he never refuse therefore the bequest  become absolute in he see dean v test Ves Davidson v Dallas Ves shepherd v  Ingram post affirm in the house of lord on Tuesday that march bro p c Edward  tom the fact of this case and the judgement be give very full by Mr Eden see  Barry v Edgeworth p wms and case in the note there see Bridgewater v duke of  Bolton salk see Knotsford v gardener atk and see Ridout v pain atk and note by  Mr sander there see further as to the word estate in a will Rashley v master  Ves jun Pettiward v Prescott Ves barn v patch Ves Wollam v Kenworthy Ves  Nicholas v butcher Ves roe v wright east do v Hurrel b a see what Lord Eldon  say of this passage in Bos pull and Ves but see Mr Eden report of the case p  and note there see turner v Husler bro c c Woodhouse v Meredith mere pistol v  Richardson p wms n lane v Stanhope t r