case web against hear Hilary term James roll a devise to my son a after the  death of my wife b and if c my daughter do outlive a and his heir then she  shall have it convey a estate in tail to a for heir must mean of his body as  his sister on survive he will be his heir general ante post SC roll Rep SC  bridge SC more SC roll ab   hob cro car Bulst Hutton cro Elizabeth lev lev  salk vern vern ld ray will stram vezey pale yellow Dev peer wms peer wms Com  dig atk Fearn con Rem Cowp dougl a devise to a or his successor pay a gross  sum convey a fee a devise to a after the death of b and if c d and e or either  of they survive a and b and his heir then to they for life with remainder to f  this remainder be not contingent upon the event of c d and e survive a and b  but be only a expression import when the remainder shall take effect in  possession ejectment for a message in London upon a special verdict the case  be that William say be seize in fee of this message hold in soccage have  Margaret his wife Francis his son and three daughter Agnes Alice and Elizabeth  and devise the say message in this manner I bequeathe to Francis my son my  house in London after the death of my wife and if my three daughter or either  of they do overlive their mother and croak throw Francis their brother and his  heir then they to enjoy the same house for term of their life and the same  house then I give to my sister son Roger Wittenbury and John Wittenbury and  they to pay yearly to the bachelor company of merchanttailors S and if they or  their successor deny the payment of the say sum then it shall be lawful to the  warden of the say company to enter and discharge they for ever it be find that  the devisor die the son and two of the sister die without issue the wife  Margaret survive they enter and die Elizabeth the three sister survive enter  and die have issue the defendant John Wittenbury die Roger enter and die Henry  Pierson the lessor his cousin and heir enter and make that lease the defendant  as cousin and heir of Francis the son ousts he c the principal question be  whether Francis the son have a fee or a feetail by this will in regard the  limitation be if his sister survive he and his heir the court resolve he have  but a feetail for heir in this place be intend heir of his body for the  limitation be to his sister it be necessary to be intend that it be if he  shall die without issue of his body for they be his heir collateral and  therefore there be a difference where a devise be to one and his heir and if  he die without heir that it shall remain it be void as Henry pl yet when a  devise be to one and his heir and if he die without heir it shall be t his  next brother there be a apparent intention what heir he intend and the  intention be collect by the will the law shall adjudge accord vide Elizabeth  dyer chapman case   wild case the second point whether John Wittenbury and  Roger Wittenbury have a fee by this devise?And it be resolve they have because  they have pay a consideration for it videlicet a annual sum and the word if  they or their successor deny the payment show the intent that it shall go to  their heir vide Edward estate Br   a three point the estate be limit and if my  three daughter or either of they do overlive their mother and brother and his  heir then they to have it and after they John Wittenbury and Roger Wittenbury  c whether this be a contingent estate and if so whether it be perform two of  the daughter die in the lifetime of their brother?And it be resolve that this  be no limitation con croak James er p tingent but show when it shall commence  which be well enough perform wherefore it be adjudge for the plaintiff I be of  counsel with the plaintiff