case Higham against baker Trinity Elizabeth roll a man devise land to his wife  and his young son by name for payment of debt a by James c no entry shall he  make upon any man land unless within twenty year after his right shall accrue  and by and Ann c no entry shall he of force to satisfy the say statute or to  avoid a fine unless a action he thereupon commence within one year after and  prosecute with effect b Cowp   Bac ab c   light a post Leon p wms Prec Ch  croak Elizabeth er p c and after the death of his wife the remainder to his  young son in fee the wife shall have a estate for life by implication cro  James Gob Leon Leon more Vaugh p wms Prec Ch wood con Cowp Doug post cro James  more ld ray Gilhert on devise cro car post term Rep replevin the defendant  avow for damage pheasant upon a special verdict the case be Thomas Higham the  father of the plaintiff be seize of a message call Mascals to which no land do  appertain and be possess of a farm call Jaques to which a hundred acre of land  do appertain purchase the feesimple of Jaques and let the say farm call Jaques  and sixty acre to it helonging to Wakefield and occupy the other fort acre  with Mascals by the space of ten year and by his will devise all big farm call  Jaques and the land to the same helonging then in the tenure of Wakefield to  his wife for life and devise further by these word item I will that it and all  the rest of my land thereunto belong wheresoever they croak Elizabeth lie  shall remain to m young son Rohert and to the heir of his body after the death  of my wife and devise further his farm call Mascals and the land to the same  helonging to Alice his wife and the say Rohert for payment of his debt and  performance of his legacy and that after the death of his wife all the say  farm call Mascals with the land to the same helonging shall remain to Rohert  in fee it be aver that the debt and legacy be pay and the take be in the forty  acre which be occupy with Mascals the justice hold clear that by the first  part of the will the wife have nothing in the forty acre for the devise to her  be of the farm of Jaques and the land to it helonging then in the tenure of  Wakefield although he saithafterwards that it and the rest of the land  thereunto helonging wheresoever they lie shall he to Rohert my son c after the  death of my wife admit that the forty acre shall he say to pertain to Jaques  yet the wife shall take nothing in they by implication and Rohert shall have  nothing in they during the life of the wife but the old son shall have they by  descent during her life and what she shall have be express devise to her  before and so shall not have any more by implication mead say it be adjudge in  glover v Clatches upon reason that where a devise be to one and the heir male  of his body and if he die without issue of big body remainder over if he die  without issue male have issue female she shall not take by implication  Anderson CJ say he hear si Anthony brown rule this case that where a man  devise land to big wife and devise other land to a stranger after the death of  big wife she shall not have those land by implication for when any thing be  give by express word it shall not he intend that the devisor intend the other  land by implication for it be to he suppose if he have so intend he will have  give it before express and the forty acre can pass by the first part of the  will to Rohert for the forty acre be sever from Jaques and conjoin and occupy  with Mascals at this day nothing be speak to the second part of the will for  the sergeant only recite the first part but at another day the record be read  before they and all the matter then appear as it be at first recite all the  justice hold that it appear by the latter part of the will that the testator  do never intend to pass those forty acre as parcel of Jaques but he repute  they as parcel of Mascals Anderson c j say that land shall pass as pertain to  a house which have be occupy with it by the space of ten or twelve year for by  that time it have gain the name of parcel or helonging and shall pass with the  house by that name in a will or lease c and here by this second part of the  will the wife and Rohert have a joint estate till all the debt and legacy be  pay which be aver to he pay that estate do cease as it be late adjudge in the  queen bench and when it be limit over that Rohert shall have it after the  death of the wife the wife shall have the entire estate for her life and after  her decease Rohert shall have it in fee afterward judgement be come croak  Elizabeth er p manded to he enter for baker the avowant who have marry the  wife to have return for the feme by the second limitation have the entire  estate and in the forty acre the take be suppose