case Haynsworth against pretty Hilary term pound Elizabeth roll a man make a  hequest of to his young son and then devise his land to his old son upon  condition he shall pay the say and if he refuse that then the young son shall  have the land this be a limitation and on failure of payment the young son may  enter notwithstanding a dissent to his brother issue ante Noy   roll Abr    light b in notorious facts more Owen Leon carter cro James l raym black Rep  Bac Abr Bac Abr Vaugh Mod a see Geo c S croak Elizabeth er p Mod Eq Cas ab Com  Rep l raym vern Str andr burr b r h Powel on Dev wood con term Rep c b   light  b trespass upon a special verdict the case be find to he one Thomas pretty be  seize in fee of the place where and have issue Richard Rohert John and Michael  son and parnel a daughter and by his testament devise to Rohert John and  Michael his son and the say parnel to every of they to he pay unto they when  they attain to the age of twentyone year and further devise to the say Richard  his old son all I be land hahendum to he and his heir upon condition he shall  pay to his other child the say sum appoint unto they accord to the intent of  his will and if he refuse the payment of the say sum or sum of money that then  neither he nor his heir shall have or enjoy the say land any devise title  descent or interest to the contrary notwithstanding but that the saidsons and  daughter shall have it to they and his heir croak Elizabeth and it be further  find that Thomas pretty the devisor die the say young child be within age and  that Richard pretty enter and afterward Rohert attain to his age of twentyone  year and demand the say of r p who refuse to pay it and that afterward Richard  pretty die seize have issue Thomas his son under who the plaintiff claim and  that the defendant in his own right and of the say Rohert enter et si sum pra  tolan material c vide ante Trin but because by the defendant negligence no  judgement be then enter it be now argue again at the bar and all the justice  the court be full videlicet Popham gawdy Fenner and Yelverton resolve that the  defendant entry be lawful for this devise to the old son and his heir be void  by way of devise but it be a immediate devise or limitation to the young child  if tl e old son perform not the condition which may well he as a devise that  his executor shall sell his land two his heir pay not unto they such a sum in  the interim the freehold shall descend to his heir second they hold that for  nonpayment of any of the sum all the land be forfeit and all the child may  enter three that notwithstanding this refusal of payment and Richard pretty  die seize and the descent to his son for so it be pretend that it be a descent  which shall toll the entry of the devisees that this descent shall not hurt  they for it be not as a descent by a stranger after a devise before the entry  of the devisee which peradventure may take away their entr because it be not  here a immediate devise but it be quasi a devise upon a limitation or upon a  condition break which no descent shall take away or prejudice as it be in  scholasticas case a wherefore it be adjudge for the defendant