case jenkins against young easter term car roll see orme case lr c p Savill  brother limit v bethell Ch land give to a husband and wife habendum to the use  of they and the heir of their two body create a estate tail vide SC Meredith v  Jones   light b three division of note and the case of den v gillot term Rep  error of a judgement in the county of flint the error as assign in the matter  in law the case be adjudge upon a special verdict in a ejectment be that  Elizabeth one Meredith give that land to Edward Randall and his wife habendum  croak car er p to the say husband and wife to the use of they and the heir of  their two body and for default of such issue to the use of Edward Morgan and  his heir the question be whether the husband and wife have a estate tail or  but for their life and it be there adjudge for the then plaintiff that it be a  estate tail croak car Littleton now argue that it be error for he allege that  the estate out of which the use shall rise be but for their life and the use  can make the estate large than the limitation as Elizabeth dyer where land be  give to two for their life to the use of another for his life if the lessee  die the use to he to who it be limit be determine but Jones Whitlock and  myself upon the first motion conceive that there be difference where a estate  be limit to one and the use to a strong there the use shall not be more than  the estate out of which it be derive but not when the limitation be to two  habendum to they to the use of the heir of their body this be no limitation of  the use nor be the use to be execute by the statute but it be a limitation of  the estate to they and the heir of their body and they be in by course of  commonlaw and so it shall be take as a limitation to they and the heir of  their body remainder to the other and the heir of the other that the deed may  be construe accord to the intent of he that make it and Jones say that he have  know this to be so adjudge in Wales before this time whereupon the court will  further advice et adjournatur