a will shall never operate by way of executory devise if it may take effect by  way of remainder I e if there be a particular estate sufficient to support it  per cur Trin W m in b b reeve and long Carth Rep a seize in fee have three  brother a b and c and devise the land to a for life remainder to a s first son  in tail male and so to the second and three son equity case abridge er p and  for default of such issue to b for life and to his first second son c in like  manner devisor die then a marry and die without issue bear but the wife be  privement ensient with a son who be bear after judgement in c b be that the  posthumous son have no Title vide pound W c provision for posthumous child and  it be affirm in b b on a Writ of error and they hold that the remainder to the  first son of a be a contingent remainder and so must take effect accord to the  rule in archer case but at the time of the death of a there be a default of  issue male on which the estate vest in the possession of b and shall not be  remove again equity case abridge by the birth of a son after and this be no  executory devise upon the rule lie down sand Purejoy and rogeis where a  contingent estate be limit to depend on a freehold capable to support the  remainder it shall be construe a executory devise but this judgement be  reverse in dom proc east reeve and long Mod lev S c Mod SC salk S c all accord  Carth S c hold in b b that the contingency not happen till after the  particular estate be determine the remainder be destroy as in archer case skin  Rep S c say that the judgement in c b be affirm per totan curian of b r upon  the first argument without any difficulty and afterward it be reverse in the  house of Peers And by lev and salk it appear that all the judge be very much  dissatisfy with this opinion of the lord and do not change their opinion  thereupon but blame baron Turton very much for permit a special verdict to be  find where the law be so clear and certain comb Rep reeve and long S c say the  judgement be reverse in dom proc the lord have more regard to the equity of  the case than to the settle rule of law and the opinion of the judge