Bulstrode whiting plaintiff against Wilkins defendant enter hill James b r rot  a action of trespass and ejectment a special verdict be find upon construction  of a will in a action of trespass and ejectment the plaffitiff declare of a  lease for year make unto he by rob Simpson lessee for three life of tell acre  of land and upon not guilty plead the jury find a special verdict and the  point of the case ill question arise upon the construction of a will whereupon  the case appear to be this S Thomas whiting be seize in fee of the land in  question hold in common soccage of the eighth month James at Downham make his  last will and testament in write and thereby do devise the say ten acre unto  rob whiting his young son imperpetuum and after his decease the remainder to  his heir male imperpetuum with diverse the like remainder in the same manner  limit proximo son older man boaredi male imperpetuum after this will so make  Thomas whiting the testator die Bulstrode er p seize Robert the young by force  of this devise enter and of this land make a lease for three life unto Robert  Simpson who make the lease for year to the plaintiff who by virtue of this  lease enter and be put out by the defendant bring his action of trespass and  ejectment den for the plaintiff the sole question here be whether Robert  whiting the devisee here have by this devise a estate for life or in tail if  but for life then he have forfeit his estate by the make of this lease here  for three life otherwise it be if he have a estate in tail by this devise then  there be no forfeiture he have here a good estate tail by this devise it  appear by Littleton foe plea and h if land be devise habendum Himself  imperpetnum this be a feesimple in the devise here in this case the devise be  son his imperpetuum bTredi male de corpore post he departure and all in the  singular number heir male here in this case the first devisee have a estate  tail and this appear by the scope and purport of the will andby the so often  iteration of the heir male in the singular number Elizabeth in Bendlose report  land devise to one imperpettium and after his decease to the man child of his  body here imperpetuum be only for life see for this also wild case coke part  foe b also by the connexion of the word in the will this be to be a estate  tail it appear that the will that he have only two son and the word of the  will be item in like manner c his intent by this be that the second son name  in the will shall have as great a estate by his will as the former have to  this purpose be the case put coke part foe b in the bishop of bath case a man  do lease the manor of dale to I S for so many year as d have in the manor of  sale and he have ten year in the same this be a lease for ten year by  reference unto a former lease h foe a remainder limit in form predicta be good  and h f oh in case of a will a devise make in form preceding and good so here  in this principal case here the second son be to have as great a estate as the  former have the word heir be nomen proceeding by inference h foe the next heir  for to have a appeal the heir of the heir shall have it h foe a man do devise  that the heir of I S shall sell his land the heir of the heir shall sell  Elizabeth b r in Purslow and Parker case where a annuity be devise to the  young son and by his will declare that his heir shall pay this it be rule here  that the heir of the heir be bind to pay this annuity for that the word heir  be nomen proceeding by inference and do comprehend every heir one after  another it be in this case adjudge that the heir of the heir shall pay the  annuity if in the devise here it have be to the heir it will then be agree for  to be a good estate tail h brook title estate plan Bulstrode land give to  husband and wife for their life still further the dawn to live the remainder  to the heir of their body this be a estate tail execute by reason of the  immediate remainder cheek and dale case in Elizabeth b r rule accord that it  be a estate tail execute it have be agree that if the devise have be to one  and to the heir of his body lawful beget that this have be a good estate tail  as well as if he have name heir in this case here Robert the devisee have a  good estate tail and so no forfeiture by his make of the lease for three life  and so the plaintiff under this lessee have a good title and judgement ought  to be give for he Briscoe for the defendant that Robert whiting the first  devisee here have no estate tail by the word of this will but only for his  life and that his heir male shall be a purchaser and shall be in bypurchase  the case which have be put of devise may be all agree in Elizabeth in smith  case in the c b a devise make to the father for life remainder to his heir  male it be there resolve that the son be in by purchase wile case coke part  foe in a manner do confirm this also by this devise here to the father  imperpetuum in judgement of law this be but a estate for life in he and after  his decease to his heir male his son be here a purchaser by the true intent  and meaning of this will the father have a estate determinable b his death  mors to divide in all respects and this here be all one as if he have say  express that he devise the same to his father for life remainder to his heir  male for by the intent of the will it appear to be so and be to have this  construction by law and so the first devisee have but a estate for life and  make of a lease for three life this be a forfeiture of his estate and so the  plaintiff come in under this forfeiture have no good title and so judgement  ought to be give against he for the defendant and so this case be adjourn to  be further argue afterward S termin Trin Bulstrode er p James b r this case be  move again and then this question be move the plaintiff claim by lease make  unto he from a lessee for three life whether the plaintiff ought not in his  declaration to have aver the continuance of the three life Haughton justice he  needs not to aver the same dodderidge justice this averment here the plaintiff  ought for to make and for this omission the declaration be not good for that  he oughtnot to recover if it do not appear here to the court that he have a  good title upon this it be show for the plaintiff that Robert Simpson be seize  for life and do make a lease for year to the plaintiff it be show for the  defendant that Simpson be seize for three life by a lease make by one S Robert  whiting who have a estate but for his own life and so by this there be a  forfeiture of his estate so that the only point and question in law be whether  by this will the first devisee have a estate tail or only for his life if a  estate tail then whether the continuance of the three life ought not to be  aver for that if they be dead the plaintiff lease be determine and therefore  the life be to be aver croak justice the plaintiff here needs not to aver the  continuance of the three life Fleming chief justice the lease here make by  Simpson to the plaintiff be a good lease and the same be to be avoid two way  the same be either to be determine in facto or in law if ib be determine in  facto that be to be by the expiration of the time as if the three life be end  then he ought for to say so that the live be end otherwise it be where the  same be determine by act in law as by forfeiture in this case here in the bar  the other side have not take hold of this as to say that this lease be end and  so to be avoid by effluxion of time and so by this they have admit so much  that the life have still continuance and therefore no averment here be  requisite to be make by the plaintiff in his declaration of the continuance of  the three life but as this c see here be in the bar they only rely upon the  determination of the estate by matter of forfeiture and this be the sole and  only matter in law and as this case here be the bar be to be take strong  against the defendant who plead it and that be S that the life be still in be  and so the Bulstrode same be to be here take and intend and that without  prejudice to any party and therefore we may now well proceed unto the discuss  of the matter in law for that by the defendant own plead it be suppose that  the three life be in be and not dead inasmuch as he do not seek and endeavour  to avoid the lease make unto Robert Simpson and so consequent the estate and  title of the plaintiff by effluxion of time but only for the matter in law and  the bar here do not extend it self to any other matter but only to the point  of forfeiture and this be the chief point and matter now to be resolve and the  determination of this rest only upon the word of the will of Thomas whiting  and the construction thereof and touch the estate that do pass thereby unto  Robert whiting his son whether a estate tail or only a estate for life be  thereby devise unto he by the word and meaning of the say will and so by  Haughton croak and Fleming the declaration here be good without any averment  of the continuance of the life dodderidge justice be of a contrary opinion  that the same ought to be aver by the plaintiff in his declaration his title  depend thereon but afterward dodderidge justice different opinion do agree  that the omission of the averment here be only help by this which be urge by  Fl mming chief justice and by no other way and herein he do agree with he that  the bar here be for to be take strong against the defendant that plead it and  now as to the matter in law he in the second remainder enter and under who the  defendant here claim suppose the lease for three life make by Robert whiting  the first devise to be a forfeiture of his estate he have by the will as be  conceive a estate but for his own life and so the sole and only question rest  upon the word and meaning of the will whether Robert whiting the first devisee  have thereby a estate in tail or only for his life it be urge for the  plaintiff that by this devise Robert whiting have a estate tail and that heir  male in the singular number be all one in a legal construction as heir male in  the plural number and to this purpose be cite the case in the book of assize  plea the last case and Perkins foe plan and brook title tail plan where land  be give to a man and his wife uni hoeredi de corpore his legitime procreator  uni boaredi Self heir so much this be hold a good estate tail by the opinion  of all the justice as brook observe in his abridge of it for that this word  heir be nomen proceeding by inference and shall run Bulstrode er p unto all  the heir hill Elizabeth b r in cheek and dale case where there be the like  limitation by one unto rise his daughter and to her heir male and there agree  that if the first limitation have be make to her for life and after to the  heir male of her body that this be a good estate tail for the defendant it be  urge that Robert whiting the first devisee have but a estate for life only and  that he can take no benefit of the limitation make unto his heir it can be  deny but that the word heir be nomen proceeding by inference and it be not to  be deny but that there be a estate tail here in this case but the same be not  in Robert whiting the first devisee but in his issue Robert have only a estate  for his life and after his decease to his heir male for ever Haughton justice  the question here only be whether Robert whiting the first devisee by the word  and meaning of his will have by the same a estate for life only or a estate  tail by this will be have clear a estate tail notwithstanding that will ought  to have favourable construction yet the same ought so to be either by matter  in the same express or employ a devise make of land to one for ever and by the  intendment of law he ought by these word for to have such a estate as ought to  have continuance for ever and by such a devise the devisee shall have a  feesimple now to examine the word of this will here in this case the word of  the will be to expound the same and the will of the testator thereby it have  be object that the word heir in this will shall go unto the heir of Robert  whiting the first devisee and not to Robert himself this be not to be so but  they be mere to be refer to himself and to be apply to he and the rather by  reason of the first word in the will be give Bulstrode to he imperpetuurn and  as for archer case coke part foe that make nothing at all against this there  it be express the question there be executory no doubt there arise or be make  as touch the inheritance there the word his heir apply to the son but here in  this case to the father the case in h foe a come near to this case where the  devise be of land to a man and to his heir male the devisee here by these word  have a estate tail and there it be lie that the law be favourable to all  devise and will construe they accord to the intent of the devisor and for this  reason as it be there express the devisee shall have a estate tail but  otherwise in case of a gift as appear by Littleton foe plan brook title estate  plan assize plan here in this principal case the meaning of the party do  appear and the same may be collect out of the word of the will upon the first  devise by he to Robert his son imperpetuum if he have stay here and say no  more then Robert his son without all question have all estate in feesimple and  when he afterward nominate heir by this it do plain appear that he only intend  to he a estate tail and no great nor lesser estate and so then Robert have a  estate tail by this devise his lease for three life make to Simpson the lessor  of the plaintiff be a good lease and no forfeiture and so the plaintiff have a  good title under Simpson his lessor and judgement ought to be give for he  against the defendant dodderidge justice agree in opinion that judgement ought  in this case to be give for the plaintiff as touch this devise the same be to  Robert his son for ever and after his decease to his heir male for ever and so  the like remainder over touch the word of this will and the estate of Robert  the son thereby be the sole question wonder hither by the word and by the  meaning of this will Robert the son have a estate in tail or only for his life  if be have a estate tail then there be no forfeiture in the case that Robert  the sol by the word true construction and meaning of this will have a estate  tail in the land to he thereby devise first in deed for to make a estate tail  the law will have a beneficial construction upon the statute of gift c because  will a giver de coetero in omnibus c to watch and this be to be so in case of  deed and diverse case may be instance to this purpose as h foe and Perkins foe  plea brook title tail plea land give by deed reginaldo king of or belonging to  a wife he bearedibus the dawn other boaredibus speech reginaldi si speech  haeredes de dictam reginaldo king obierent without beeredibus de see procreate  c this a good estate tail and to this purpose the like case be put coke part  foe in Berefords case by all which it plain appear how beneficial the judge  have make construction of deed for estate tail and this upon the statute of  gift Canditionalibus quod will a giver c h much strong it shall be so in case  of will and the construction of they if the king grant a estate to one and to  his heir male this be a good grant by h Bulstrode er p brook case plan sir  Thomas lovel case because the king be deceive in his grant otherwise it be in  case of a subject for there such a grant will pass a feesimple Littleton plan  land devise to one habendum imperpetuum this be a feesimple e brook case plan  if land be devise to a man to give sell or to do with it at his will and  pleasure this be a feesimple by reason of his intent to have it so now as to  the intent of the devisor in this his will first if he have mean here to have  give the absolute inheritance to he and make no restraint but have stay upon  the first word of the devise to he imperpetuum this have be a feesimple second  it be to be consider whether here he have make any restraint of this or not  here he intend by his will for to pass a estate of inheritance to he and have  not make any restraint of this but have only express and expound himself as  touch his intent and meaning what kind of estate of inheritance he do by this  his will intend to pass unto he not a absolute estate of inheritance for ever  in feesimple but to he and to the heir male of his body for ever which be a  estate tail h land be give to Bulstrode one for ever this be only for his life  and so for ever here that be as to himself but otherwise it be in case of a  will Elizabeth dyer plan Clatches case construction in case of a will there  make accord to the intent of the devisor here in this principal case the  limitation be to he and to his heir male in the singular number and heir male  in the plural number be all one as to the make of a estate tail in this case  here it be good in point of limitation ArcAers case coke part foe there the  word b aredi be a word of purchase but in this case here be in the case of a  will the word livaredi be use to a estate in point of limitation and so as the  case here be it be all one with heeredibus in the eye and construction of law  if he have here express but a estate for life as in h the case have then be  otherwise but here he express nothing certain but only he expound his meaning  and show what estate be intend to pass to Robert his son who clear have by  this will a good estate tail and the lease make by he to Simpson for three  life be a good lease and the plaintiff claim under this lease have a good  title and so judgement ought to be give for the plaintiff croak justice by the  word and meaning of this will Robert the son have a estate tail and this be  very clear and plain a double help there be for this the statute of gift  conditional this case be within the statute and also the construction of the  will a estate tail as Littleton well observe be status limitatus and it be all  one to limit this to heir male and to heir male how day some bTres de corpore  to stand out by this word here for ever if he have say no more it have be a  feesimple in Robert the son a will be testati chin testator a man devise land  to one and to his heir male this be a good estate tail by h foe if a man  devise land to one and his heir for ever the remainder over this be a void  remainder but if a man devise land to I S and his heir and if he die without  issue the remainder over this be a good remainder if the king give laud to one  and to his heir male this be a void grant as it have be observe because the  king be deceive in his grant but in case of a subject by such a grant a  feesimple passes Frenchams case Elizabeth dyer plan where a implication in a  devise shall not control a express devise by this will here his intent do  plain appear and this word heir be only the manner of gradation and  distribution heir male and heir male all one Fleming chief justice Robert the  son by this will have a estate tail and so the whole court agree clear in this  that by the word and meaning of the testator by this his will Robert his son  have a good estate tail and so the lease by he make to Simpson for three life  be a good lease and no forfeiture and the plaintiff be his under lessee and  claim under he have a good title and ought for to recover and by the rule of  the Coilrt judgement be give and so enter for the plaintiff Bulstrode er p  Bulstrode er p Bulstrode report volume the second part of the report of edward  Bulstrode of the Inner temple esquire of diverse re solution and judgement  give with great advice and mature deliberation by the grave and learned judge  and sage of theLaw of diverse and sundry case and matter in law with the  reason and cause of their say resolution and judgement give in the court OF  king bench in the time of the late reign of king james the second edition