case Hopewell vers ackland see SC salk e r with note a devise with the follow  word whatsoever else I have in the world will pass a estate in fee salk SC  vern Eq Abr pl SC Com dig infra p in a action of ejectment upon a special  verdict the case appear to be this John ackland seize in fee of the land in  question make his will in write to this effect whereas I have give bind to  leave my manor of Buckley to the daughter of my brother James ackland and the  heir of her body if she live to attain the age of year but if she die before  she attain that age then it be to return to I again if therefore my say  brother daughter shall happen to die before she attain her age of year I give  the say manor to my brother Richard ackland and his heir also I give to my  brother Richard ackland all my land tenement hereditament whatsoever also I  give to my brother Richard ackland all my good chattel money debt and  whatsoever else I have in the world not before by I dispose of he pay or  secure to be pay all my debt and legacy and I make my say brother Richard  ackland my whole and sole executor of this my last will and desire b to be  overseer thereof and to see that my say executor and his executor pay the say  debt and legacy and by the same will be devise some small annuity for life and  other to charity in fee and die the daughter of his elder brother attain her  age of and claim not only the manor of Buckley but also all comens the other  land of the testator after the death of Richard ackland who be now dead the  question be whether by this will Richard ackland have a estate in fee in those  other land or only a estate for life for it be agree that if he have but a  estate for life then the lessor of the plaintiff who be heir at law of the  testator have a good title but if he have a estate in fee then the title be  with the defendant who be son and heir of Richard ackland the devisee this  case be argue last term by sergeant Pratt for the plaintiff and by sergeant  Parker for the defendant and now by sergeant powis for the plaintiff and by  sergeant Cheshire for the defendant and it be insist for the plaintiff that  Richard ackland the devisee have but a estate for life for the first clause  which relate to the manor of Buckley and the second clause which give all his  land tenement and hereditament and the three clause which dispose of his  personal estate be all distinct and independent clause the first clause be  particular and recite that whereas he have give bind to leave his manor of  Buckley in such a manner if therefore his brother daughter die before her age  of year then he give his manor of Buckley to his brother Richard and his heir  if it shall be attempt to couple this clause with the subsequent clause they  must be take together throughout and then not only the manor of Buckley will  be devise to his brother upon the precede condition videlicet if the daughter  die under age but also all the other land will be devise upon the same  condition for it be plain and manifest that the manor of Buckley be devise  upon that condition then if this clause govern the subsequent devise of all  his land tenement and hereditament and limit they also to his brother and his  heir then it must necessary be that all his land tenement and hereditament be  devise to he only in case the daughter die under the age of year for the  defendant shall not take only part of this clause and annex it to the  subsequent clause but must join the whole precedent clause with the subsequent  one or nothing and if the whole be conjoin the subsequent devise comens will  be upon condition that the daughter die under the age of year as well as the  former which construction the defendant will hardly approve of for the  daughter do attain her age of year and then Richard ackland will take nothing  by the will it be likewise observe that the testator in the first clause have  take notice of what word be necessary to create a fee for there he devise the  manor of Buckley to his brother and his heir comens er p it be insist that the  second clause be distinct from the first and no way relate it nor be to to be  govern by it for the second clause commence de to make new also I give to my  brother Richard ackland all my land tenement and hereditament without add the  copulative and the word also import no more than item and be of the same  signification as moreover and can be construe in like manner as if the devisor  have say I give my manor of b to my brother and his heir in like manner I give  he all my land tenement and hereditament whatsoever but this subsequent clause  be distinct and stand by itself and there be a manifest difference where the  first clause be complete and the second be attendant upon it and must be  construe with it and can be construe by itself there the second clause shall  be govern by the first as if a man devise Blackacre to a and his heir and also  Whiteacre there the devisee shall have Whiteacre also in fee for there be no  word which can make the subsequent word a distinct and complete clause and  therefore they must be govern by the word of the first clause but where the  second clause repeat the word by which it may have a construction by itself  then it be a distinct and complete clause and have no relation to the former  as where a man devise Blackacre to a and his heir and also I devise Whiteacre  to a there by the second clause a have only a estate for life Eq Abr pl a for  there the verb I devise and also the name of the devisee be repeat and  therefore it be a distinct clause and do not depend upon the precedent clause  and in this distinction the case be agree more be strong for there a man by  his will devise land to Henry his son item I give to my son Henry and his heir  and there the doubt be whether comens by the first clause Henry have a fee and  it be resolve by three judge that he have not for that they be distinct clause  but Weston differ because the latter clause have the word heir which he think  be applicable to the whole but he agree that if the word heir have be in the  first clause it will be otherwise and therefore three judge have agree the law  to be as we contend for in a case strong than we and the whole court agree it  to be so in a case the same as we then if the second clause be consider by  itself I give all my land tenement and hereditament to my brother Richard  ackland that can pass only a estate for life for it be the know rule that a  devise to one indefinite without limit any estate to he give he only a estate  for live it be true if a man devise to another all estate import the interest  which a man have in land   Litt a his estate in such land this passes the fee  so if he devise to he all his inheritance but no one can think it be so intend  by a devise of all his hereditament who consider the difference between the  two word inheritance and h haereditamentum holt c j say the word hereditament  imply a fee holt for the word inheritance import the estate which a man have  in the land haereditamentum the land itself which may be inherit and therefore  can be apply to the estate in the land especial when it be couple as here with  other word of the same import for the devisor give to his brother all his land  and tenement no one will say that those word import more than the thing  themselves when therefore the devisor add and all his hereditament whatsoever  that denote only such thing as be not comprehend under those other word land  and tenement but can be extend to the estate in those hereditament any more  than the other word can be extend to the estate which the devisor have in the  land and tenement then if the three clause be consider also I give to my  brother Richard ackland my good chattel debt money and whatsoever else I have  in the world the word whatsoever else I have in the world be very extensive  but if those comens word be single by themselves it will be hard by such  general word to pass land which can not be devise by commonlaw but only by the  statute or b that custom and therefore the heir who by the commonlaw can not  be disinherit by any devise shall not now be disinherit but where the word be  plain and manifest for that purpose the rule in Vaughan be that the heir at  law shall not be disinherit by implication except where the implication be  necessary it be not sufficient that it be possible or probable and all that  can be say in this case be that it be possible or at most that it be probable  that the testator here intend to give all his land to the devisee where a man  devise all to his mother those word be as large and comprehensive comens er p  as the word all I have in the world yet it be resolve that nothing pass but  the personal estate raym side lev but whatever construction may be put upon  those word if they be by themselves yet as they be here couple with personal  thing they shall not be extend to word of another nature there be many case  where word very general and indefinite shall be construe in conformity with  and analogy to other word in the same case   b but on the other side it be  insist for the defendant that the several clause each by itself or at least  take they altogether give a fee to the defendant Richard ackland and in hill  term whether judgement be give by the whole court for the defendant and Trevor  c j deliver the opinion of the whole court and say that the first clause can  be join for as the devisor give to his brother Richard ackland and his heir  his manor of b c and afterward add also I give to my brother Richard ackland  all my land tenement and hereditament the last be a distinct clause I the case  in more do not come up to this for there the name comens of the devisee be not  repeat in the second clause and therefore it necessary must be couple with and  construe with the first then the second clause by which he give all his land  tenement and hereditament to his brother give he but a estate for life but the  last clause by which he devise to his brother all his good chattel and  personal estate and whatsoever else he have in the world these last word  whatsoever else he have in the world import more than be say before all his  good and chattel for those word contain all his personal estate and therefore  the additional word must go to something else if a man devise all the rest and  residue of his estate that be sufficient to give the devisee not only his land  not before dispose of but also the estate not dispose of videlicet the  remainder and reversion of land devise to another for life c and the word  whatever else be bath in the world be tantamount especial when the devise be  pay or secure to be pay his debt and legacy and some of the legacy be in fee  and not proper Payable out of the personal estate judgement be give for the  defendant