clii wellock and hannon case see Pickwell v Spencer lr ex lr ex this case be  report by sir Edward coke in his report see the principal case there here be a  limitation and not a condition for if it shall be a condition it shall descend  to the heir at the commonlaw which be the devisee and so shall be extinct in  his person and then the restraint be of no effect for there shall be then no  mean to compel the heir who have the land to pay the legacy nor have the  legatories any remedy to compel the son to pay the legacy which shall not have  effect if it be not take by way of limitation and to that intent scholasticas  case be cite Elizabeth dyer and this word pay in a devise shall never be  construe to be a condition and it be hold by the justice that where a man  devise land to his young son pay such a slim unto such the devisee have a  feesimple and if be do not pay the money accord his estate shall determine by  the same limitation and shall go to the heir without any other limitation and  the quantity of the money be it great or small be not material and they be of  opinion also that here the money be not Payable but upon request coke if a man  be bind to perform covenant and one covenant be to pay legacy there he needs  not pay they without a demand but where one be express bind to pay such a  legacy there be must pay it at his peril and be say that the case h dyer be  not law for there it be hold by Fitzherbert and Baldwin that where land be  devise unto the prior and convent of S barthol ita quod to hand over annuatin  celebrate by singing little head consecrated Pauli and they fail of payment of  it that their estate shall cease and the dean and chapter c shall have c such  condition void and that upon one feesimple another feesimple can be limit for  by coke common Leonard er p experience be otherwise that upon a feesimple  determinable another feesimple may be limit which gawdy justice grant and as  to the principal case judgement be give with the limitation   cro cro roll  pasc Elizabeth rot in the king bench