atkins case Eleanor davenport widow one of the daughter of Margarita farmer  widow decease and John davenport her son and mitchel lodge and chaplin  executor of Margarita farmer plaintiff John oldis John black richard Owen and  margaret lee defendant July the that a devise land to his wife for life and  after her decease to his son and daughter John and Marqaret to be equal divide  between they and the several and respective issue of their body and for want  of such issue to his wife in fee this will not create a cross remainder which  can only be raise by a implication absolute necessary which be not the case  here for the word several and respective effectual disjoin the title John Owen  Esq be seize in fee of a message and land in Shropshire mortgage the premise  to Griffith Thomas for pound and be also seize in fee of a message atkins er p  in the possession of Margaret Humphrys do by will devise the two message with  the land belong to his wife Margaret Owen for her life and after her decease  to his son and daughter John and Margaret Owen to be equal divide between they  and the several and respective heir of their body and for want of such issue  to Margaret Owen his wife in fee and make her sole executrix she prove the  will enter on the say message and receive the rend till her death in December  have survive her son John Owen who die a infant unmarried the widow of the  testator after his death marry with John farmer the plaintiff Eleanor father  and have survive he make her will recite her first husband will and devise one  moiety of the say two message to Mitchel lodge and chaplin in trust for the  separate use of the plaintiff Eleanor her daughter during her life and after  her decease to John davenport the son of Eleanor for lire and after his  decease to the defendant Richard Owen in fee the defendant Margaret the  daughter of the testator John Owen marry one lee who be since dead and  thedefendant oldis have pay off Thomas mortgage take a assignment thereof and  be Willing to purchase the Shropshire estate of lee and the defendant Margaret  his wife they by indenture of lease and release in between they and oldis in  consideration of the sum therein mention grant to he the say premise and  suffer a recovery and he insist that atkins he have a right to enjoy the same  as stand in the place of Margaret lee on who upon the death of John Owen her  brother the estate descend by survivorship and that she become entitle thereto  by a cross remainder under the testator will John hold be seize of several  land in fee devise to his son Richard for his life with remainder to his issue  in tail male and after his death without issue he demise the premise among his  three grandchild in this manner to his grandson Richard and Elizabeth his  grandaughter as tenant in common and to the heir of their respective body and  for default of such issue the remainder to his grandaughter whether hold in  fee whether marry and afterward Elizabeth die without issue of her body the  question be whether Richard hold and Elizabeth take a estate in common with  cross remainder to the heir of their body for then the estate can not vest in  whether but upon failure of issue of both their body or whether this be a  estate in common with remainder to the heir of their body general for in that  case one moiety of the estate will vest in whether who have the remainder in  fee immediate upon the death of either of they without issue the court be of  opinion that no cross remainder be create by this devise but that by the death  of Elizabeth her moiety go over to whether the plaintiff claim the benefit of  their several devise under the will of Margarita farmer and have bring their  bill in order that the plaintiff Eleanor may on pay her share of the mortgage  have a conveyance of a moiety of the premise and that she may be let into the  receipt of one moiety of the rend and that a partition may be make of the say  premise and that she may be quiet in the possession of a moiety thereof in  severalty for the plaintiff benefit Lord chancellor I be of opinion that the  will in this case be not so pen as to create a cross remainder which as it be  never favour by the law can only be raise by a implication absolute necessary  and that be not the present case for here the word several and respective  effectual disjoin the title his lordship for this purpose cite the case of  Comber and hill in the king bench h t Geo stram S c William v brown stram it  be observable that accord to the old case cross remainder can only arise in a  win by implication between two see Gilbert v witty cro James coal v levingston  vent Holmes v Meynel t ray but more modern determination extend such  implication to a great number pery v white Cowp Phipard v Mansfield Cowp  Atherton v pie durn east har   Litt b n though cross remainder can never be  create by implication in a deed see coal v levingston vent yet they may arise  upon the construction of marriage article Marryat v Townley Ves Twisden v lock  Amb the only instance wherein this case differ be that in the case of Comber  and hill all the devisees be grand child in equal degree to the testator and  in this case the devise over be to the wife who can not claim as heir at law  but yet the presumption of kindness be as strong in favour of a wife and then  this do not differ from the reason of that case in the case of Holmes and  Meynell t raym a great stress be lie upon the word they in case they happen to  die then he devise all the premise nor can there be any case cite where cross  remainder have be adjudge to arise mere upon these word in default of such  issue say contra wright v Holdford Cowp Amb S c Phipard v Mansfield Cowp and  therefore his lordship declare that the plaintiff Eleanor davenport John  davenport and the defendant Richard Owen be entitle to the equity of  redemption of a moiety of the premise on payment of a moiety of the principal  and interest on the say mortgage and that in case either of the plaintiff or  the defendant Richard Owen shall redeem the say premise then he decree that a  commission shall issue to divide the premise into moieties one moiety to go to  the plaintiff Eleanor atkins and John davenport and the defendant Owen accord  to their interest therein and the other moiety to the defendant oldis and  after such partition make he direct proper conveyance to be execute by the  several party Reg lib a fol atkins er p