Bulstrode MIRRIL plaintiff against Nichols defendant enter mich James b r rot  Essex jury trespass and ejectment in a action of trespass and ejectment upon  notguilty plead the jury find a special verdict to this effect they find that  John cut be seize in feesimple of land in diverse place S of the manor of  Allens and Rumbals in Essex and of other land in ken and also of two several  moieties which he have by several purchase the one of they lie in Essex the  other in ken make his last will and testament in write in manner follow S  first I do devise to my wife the house wherein I dwell call Allens alias  Rumbals for her life and by this his will grant a rentcharge of twenty mark  yearly unto the master and fellow of key college in Cambridge to he issue out  of Allens and Rumbals in Essex with clause of Bulstrode er p distress for the  same and in this his will he add further I devise the house which my wife have  and all other my land in Essex charge as aforesaid to Stodderidge my son in  law under who the defendant claim and as to my moieties which he purchase by  several purchase from one and the same person I do devise all my moieties in  ken unto Anthony Bearblock my son in law and under who title the plaintiff  claim sayingnothing at all of his moiety in Essex and have but one moiety in  ken and whether these word S all my moieties in ken shall carry both the  moieties to Bearblock be the only question upon the trial at the bar by a  Essex jury the court be clear of opinion for the title of Bearblock under who  the plaintiff claim this case be afterward argue at the bar upon the special  verdict by John more for the plaintiff and by bing for the defendant and now  the same be argue by all the judge Haughton justice that judgement ought to be  give for the plaintiff for all these land the material clause in this will and  those and all other my land concern all my land in Essex and ken these word be  not material notwithstanding they contain all yet out of these word no  argument can be make as to the disposal of any of his land as to the  subsequent word in the will and the clause therein whether this shall carry  any other land but those which be charge as aforesaid there will be a great  difference in a will between word of restraint which do follow general word  and which do follow particular word and to this purpose be e fol the last case  in a case of a release be loosen totum law quod to have in omnibus strike  against terris quas quondam to have ex gift feoffamenro domini r the same to  be aver which they be and h brook title release plea general word be to be  restrain if have be object out of these word other land to this it may be  answer that these word may be as well translate and place otherwise all those  my land charge as aforesaid and all other my land but there be no warrant for  this to take these word from one place in the will and to put they in another  place where in one place they do carry  one fence and in another place another  sense and meaning and therefore the word be to be Bulstrode as they be place  in the will a argument have be make upon matter subsequent part to take effect  during the life of bis wife and part after her death and other part after my  own death as to this if any other land have be charge it shall extend to this  and if none then these word be idle for these word be not to be extend to  other land but unto these which be charge as to the second clause as concern  my moieties I devise all my moieties in ken to Anthony Bearblock whether these  word both his moieties shall pass unto he where he speak of his moieties in  ken be have but one moiety there and another moietV in Essex that both the  moieties shall pass by these word and as for this I rely upon the specialty of  the word as before upon the general the moieties and all my moieties this be a  special description of what he intend to pass unto he by this his will and not  to be restrain by the word subsequent and all other my land in Essex e fol  before remember touch the construction of general word in the premise which do  include certainty sufficient in they and also upon this reason in law quod  utile per inutile non vitie Elizabeth dyer foe the case of the parish of burst  extend into two county this restraint here to the county of ken when he have  before make so full a expression of his meaning shall not make any restraint  but that both the moieties shall pass it be express in the will that he have  several moieties the one in Essex and the other in ken it have be object  because he have they by several purchase and at several time he have one  moiety in ken by the fine and the other moiety in Essex this restraint shall  not correct these word which be special if a man do give to another black acre  and white acre in the county of ken if white acre be in the county of Essex  yet this be good clear for white acre also for that relation of word be always  to be take accord to the matter to which they be apply if a man make a lease  for life to one without impeachment of waste proviso quod non to make empty in  house voluntary this be a good restraint by this proviso by h f a e  Fitzherbert avowry plea a gift in tail make to I S tenendum freely quiet the  remainder in tail render rend this clause here of the reservation shall refer  to the last S to the remainder but if the gift have be in tail the remainder  in tail render rend this reservation here shall go to both the estate so here  in this principal case Bulstrode er p this moiety in Essex by the word in the  will of all my moieties shall pass unto Anthony Bearblock it be find in the  special verdict that Anthony Bearblock make a lease for year unto William  Bearblock of the moiety be the land mention in the declaration and that  William Bearblock make the lease of this unto Mirril the plaintiff who have a  good title to this moiety in Essex be the land in question under the title of  be rblock and so judgement ought to be give for the plaintiff dodderidge  justice judgement in this case ought to be give for the plaintiff James the  lease be make to the plaintiff by William Bearblock for five year who enter  and be possess until fie be put out by Nichols the defendant whereupon the  action be bring upon this special verdict find the plaintiff here have good  title to the whole as to the difficulty of this case in the first part of the  will it appear that John cut who make the will have a house with land and  tenement to this belong and enjoy therewith make his will and ky this he  devise it to his wife for her life he also have land which he mean to charge  with a rend unto the college to he issue out of this his house and land call  Allens alias Rumbals and this he intend to give unto Stodderidge his son in  law it be find that cut at the time of his death have no other land but Allens  and Rumbals take the will thus as it be and so find by this interpretation  which I shall make all the word of this will will well stand together in  construction of will we ought to pursue the intent of the devisor as near as  possible may be and this ought not to be a foreign intent nor yet a intent  take by a averment unless it be in two special case as it be so hold coke  Bulstrode pars fol in the Lord Cheyneys case foreign allegation make that he  mean to advance Stodderidge withUs land in Essex and Bearblock with his land  in ken the word of doubt in this will all those c charge as aforesaid be give  unto Stodderidge all those and all other charge as aforesaid this ought to be  other than those I take all those who that this be a relative and to have a  anteeedent the lan S give to the wife the house and such land as I have in my  occupation at the time of my death all these and all other charge as aforesaid  the charge be mention in the will and so he to have these land which his wife  have and which be charge with a rend to the college those not to be extend any  further than to that which before be mention in all respects that messuagia c  as it be coke pars fol a in Doddingtons case he give unto his wife all this be  very plain by the word of the will all those and all other my land in Essex  immediate after my decease for part and after the death of my wife for the  other part those charge to the college by the verdict it be find that he have  no other land ill his hand tempore death but Allens and Rumbals the next  clause in the will concern my moieties and all other my land in ken I give the  same unto Anthony Bearblock whether by these word in this will the moiety  which he have in Essex shall pass unto Bearblock or not as touch this it be to  be consider what land Bearblock have devise unto he by this will three reason  do move I to hold that this moiety which he have in Essex be also devise unto  Bearlock by this clause in the will and these be also to be enforce out of the  very word of the will and all my moieties he do not speak any thing at all  before of they the moieties they be word indefinite and the same be as much as  if he have say all the moieties a indefinite speech do amount unto a universal  if a man be bind that his feoff shall feoff I S and be have four feoff they be  all for to do it as appear by h so if a man be bind to keep the prisoner in  such a goal this be intend to be of all the prisoner there and so h first here  the land intend to be the whole land second because the word be indefinite  three reason and all other my land in the county of ken I give unto Bearblock  other this ought to distinguish other from moiety the county of ken carry the  moiety in ken this be distinguish so that the first moiety of necessity ought  to be the moiety in Essex and this to be so be without any alteration of the  word of the will the verdict here as it be be very imperfect seize and  possession be find in cut diverse thing find and some contradiction be herein  but they be and may be thus reconcile because the one go to the seize and the  other to the possession another matter of defect there be here in this verdict  there be no ejectment find the right be in Bearblock and in Mirril the  plaintiff who claim under he and so judgement ought to be give for the  plaintiff croak justice judgement fif this case ought to be Bulstrode er p  give for the defendant cut do here by his will devise his house in Essex and  other land in his occupation to his wife for her life then in his will follow  and concern all my land c he make bimembren division S his land in Essex and  in ken this ground to be propound for construction of will the law supply the  defect of the devisor he be by intendment weak council No will ought to be  construe per parcellas but by entireties to admit of no contrariety nor  contradiction No nugation nor any nugatory thin ought to be in a will and  these rule be observe as a key they wlll open all the door in every will and  this Centaurs division I shall pursue that which by this will be give former  to the wife be do subsequent charge in will and testament such construction  sometime shall be make to make that prius which be later and that later which  be prius concern all my land he make this distribution c Allens be subject to  the charge and all those and all other my land Bulstrode in Essex charge as  aforesaid I do give and devise unto Stoddard all in Essex these pass by he to  Stoddard it have be say this be to be restrain but I do not take it so there  be no word of restriction nor yet of description but of declaration whether  here be any repugnancy in this will here he say charge as aforesaid this be as  much as to say with the charge aforesaid for here transit land cum load this  be all one in sense it have be object that here be no warrant to make such a  transmutation of word but a good warrant there be for this construction to  take the same with the charge he speak de modus non de re if such a  construction shall be here admit as have be object to be this will be to offer  violence to the letter and also a contradiction in the case and to make a  nugation of the word and if it shall be so nothing be to come unto he after  his death for that nothing be charge but Allens c it have be also object out  of the other division wherefore he do not speak special of his moiety in Essex  when he speak of ken be then speak also of the moieties not of the moiety but  of my moieties which not indefinite the kind of restriction be observable and  all my horned owl er land which be the relative which I now have or hereafter  may have in ken the particular relative antecedent to this all which I have in  the county of ken this follow indefinite all my moieties but that in Essex  which passes not by this construction all the part of the will do well stand  together without any contradiction or nugation and so earblock by this will  have no title at all to the land in Essex be the land now in question nor  consequent the plaintiff under he and so judgement ought to be give for the  defendant coke chief justice the matter here rest upon put of the case aright  here be first no land at all devise to the wife but only the house if he have  lease all the land for year he shall then have have nothing in his possession  and then she shall have nothing this cut be seize de separabilibus center  point ac de a certain terris in county e sex ac de to visit other terris in  Essex be devise the house together with all such land as at the time of my  decease shall be in the only occupation of my self to my wife for her life  uncertain it be how much she shall have she may have but little and she may  have nothing then be devise out of Allens a rend to a corporation to key  college in Cambridge and herein he mistake the very name of their corporation  yet clear this be good the plaintiff here have good right and that to all the  land in question nothing be here by this will devise to the wife but the house  that here be that all these parcel of those no one holding to foresee and  other my land charge as aforesaid this be Allens and Rumbals will you not  reject the land charge No this shall be viperina exhibition who to gnaw  viscera textus then as concern the moieties if Bearblock be not to have they  they then fall to the heir at commonlaw the moieties and other my land in ken  it have be say that this be to be refer unto the land there the moieties he be  to have qum he have say it the devisor himself the moieties that be both and  other my land other which this must be other than this be very clear this for  the door to the window devise in this will the first to Stoddard the second to  Bearblock will ought to be take accord to the true intent and meaning of the  party who make the will as man body be so sometime be their word as touch the  construction of will the meaning of the devisor ought to be collect out of the  word of the will and in this Bulstrode er p thought c Tca be not to be take  nee thought maim nee manca non such to go ad star nee making indistinct nee  another intention if so in all such case we be to give judgement for the heir  and case there have be of all these index animi sermon as in the Lord Cheyneys  case pars fol thought coaca mala and so be it here adjudge Hillar Elizabeth  between Petward and Erasmus coke in ejection strong for land in saint Edmonds  bury where a man be seize of house he have two son and three daughter he make  his daughter heir with his son as job do job chap vers he devise one house to  one of his son a second house to another of his son and further will that if  any of they die without issue the survivor to have that part the question be  whether this be a feesimple or a estate in the son here be kind of date  intention by the Bulstrode commonlaw part and part like and therefore it be  hold that they have but for life and when there be nothing but such a blind  intention the heir to have it and so it be adjudge that the heir be in of a  feesimple by descent mich Elizabeth b r George Downhale against Richard  Catesby enter Trinity Elizabeth b r rot in a formedon in the c b and bring  hither by a writ of error the question do arise upon the will of Robert  Downhale who devise land to Thomas his old son in tail and if he die without  issue of his body then he will that all such right use and possession which  Thomas have in the land to he devise shall descend and come unto his two young  son Ralph and Christopher Downbale and to their assign brook title devise plea  abridge the case of e fol vouch Littleton that by such a devise make to one  and to his assign that this shall be a feesimple Littleton have no such word  but a devise make to one habendum Himself imperpetuum this a feesimple and so  the abridgment in this be to be reform in this will there be of me manca  intention and therefore in that case it be adjudge in the c b and here also  that by the devise to his two son and to their assign that by this will they  have but a estate for life and accord to this be the book of h fol b adjudge a  man may be weak council but not weak feeling mich Elizabeth between morris and  maul John Gunnerby be seize in fee of the manor of stoke in the county of  Suffolk in e make a gift of this unto Stephen Scroop in tail h a recovery have  against he and this be to the use of Thomas Scroop and hisheirs jeffre Scroop  make his will and by this do devise this to his wife for life and afterward to  the use guide boaredum secundum ancient evidence and aver that no other  evidence be but this this be coaca intention heir of who of I S or I n he  ought to have here say of oneself or an umbelliferous plant for the omission  of this the same be both enca manca intention for there want in the will word  of demonstration who heir be mean and intend for it may be heir of a stranger  secundum ancient evidence this be the first settlement of Gunnerby in this  case it be resolve that no averment will help this for none can tell what he  mean by these word and so here be in this will thought of me manca another  making indistinct therefore it be adjudge that nothing do pass by this will  but that the land shall descend unto the heir Elizabeth dyer fol plea Claches  case a good case as touch this matter there it be say that the judge be to  judge upon the word of the will mich Elizabeth in the c b rot between lovels  and Lovels a man devise his gavelkind land unto his old son and to his old  issue male of his body he die have issue male at the time of his death the  heir in reversion bring a action of waste against the issue the question be  what estate the issue have t it be adjudge that the action of waste do well  lie notwithstanding he be not in a thing naturan at the time of the devise yet  the devise be to he for life the remainder to his issue and the adjection of  the old here correct the general learning and so here he have but a estate for  life mich Elizabeth John hill be seize of land in the county of Suffolk S of  Rowletts Rivetts and Downings tenement have son make his will and by this be  devise Rivetts unto Robert his son Rowletts unto Richard his son and Downing  unto Robert but name no estate to any of they and that after his death part of  it go to another and that he shall pay money to the same the question be what  estate this be after the death of any of they then to go to another he devise  the land to his son and after his death to another proviso that if he have  issue and survive his wife that it shall go to his issue he die live the wife  the devise be to the issue which survive the wife yet by the death of the  father Bulstrode er p live the wife the issue lose by this and adjudge against  he and yet without question he mean so in his private intention that it shall  come to the issue of his son yet the same go away to another of the kindred  from the issue and this rule be there give as touch will in which no  understanding be to be against Bulstrode the express meaning in the will as to  the principal case here now in question I will devise by this will his dwell  house to his wife and that she shall have it clear together with all land  which I shall have at my disease in my own possession and no other what land  she shall have by this will be not know to any by consequent the same be  devise but none at the time of the make of the will there be then no certainty  at all of it what land they shall be be charge Allens alias Rumbals and then  there be this clause in the will S and all those which he have devise to his  wife but none can tell what they be other that those which be they these be to  be the land charge as aforesaid S Allens and Rumballs all my land charge as  aforesaid this be as much as to say with the char e and as it have be say this  be another thought as touch the moieties the moieties all indefinite  proposition to be take for a universal as it have be say in some case it shall  be so and in some not as when the subject be universal but otherwise it be  where particular these parcel in the will specify if he have they by one  purchase the same may well be call center point but otherwise where he have  they by several purchase he have two moieties lying near particular shew  therefore particular if a man devise to another all his land charge he shall  have nothing by this by the rule of the commonlaw here be moieties in the  plural number devise you can satisfy the word of this will nor yet the meaning  and intention of the devisor with one moiety when be by his will do devise  unto he all his moieties if it be in a grant in such a manner the moieties  shall pass for there be a certain demonstration of the thing to be grant and  in a grant you shall never refer one certainty upon another and you can here  have the plural number to be satisfy with the singular as his moieties with  one moiety if the same be in a grant there both the moieties shall pass and so  it shall be here in this case for the like reason the same law and the reason  be the same here a second reason for this that this shall be so otherwise a  repugnancy will ensue other than the moieties and so it can go to this a three  reason why this shall include the other for he will not have use and name ken  and in the plural number all his moieties if his intent and meaning have not  be so to pass both the moieties and this construc cion well suit first with  the very word of the will moieties in the plural number and also with the  intent and meaning of the devisor the same appear by his own word in his will  S I do devise all my moieties unto Bearblock the which he will never have so  express know he have two moieties if he have intend to have devise but one of  the moieties to he and so there be no contrariety this way by make this  construction and so the plaintiff here have good title and judgement ought to  be give for he note that in this case all the four judge do agree that for the  house Allens alias Rumballs the same be by this will devise to Stodderidge and  so for the principal matter by the rule of the court judgement be give and so  enter for the plaintiff