case tanner versus morse p will S c but report by the name of tanner v wise  Trin on a rehear before Lord Talbot from a decree of the Lord chancellor king  a devise in the follow word as to my temporal estate I bequeathe to my nephew  t the testator heir at law pound then after several legacy and all the rest  and residue of my estate good and chattel whatsoever I give and bequeathe to  my belove wife m c who I make my full and sole executrix this be a devise of  the feesimple estate of the testator Thomas carter march make his will whereby  he devise in the follow manner as to my temporal estate I bequeathe to my  nephew tanner the testator heir at law the sum of pound then he give several  legacy and all the rest and residue of my estate good and chattle whatsoever I  give and bequeathe to my belove wife mary carter who I make my full and sole  executrix the heir at law bring this bill against the devisee and executrix  who marry the defendant Morse to have a account of what deed belong to the  testator she have get in her custody and to set forth what right she claim to  the real estate of Thomas carter and whether he make any will and if so to set  it forth and the plaintiff to make himself proper in a court of equity have  charge in his bill that the defendant refuse to let he have a sight of the  deed and that they threaten if he bring a ejectment to set up some old  encumbrance to bar it the question be whether any and what estate in the  testator land pass to the defendant by this will for the plaintiff it be say  that there be no word in the will that can be construe to extend to the  inheritance or if any it must be the word as to my temporal estate which in  the strict sense relate only to the estate of a certain duration that be to  continue for a time only and have never be hold to pass a estate of  inheritance as to the case tempt Talbot word all the rest and residue of my  estate they must have relation to somewhat that go before and there be nothing  dispose of in the will before this clause but only some legacy charge upon the  personal estate so hold in the case of Markant and Twisden Abr Eq can pale  yellow Rep where notwithstanding there be the word devise yet it be decree not  to pass the inheritance whereas in the present case there be no such word as  devise nor even the word heir land or tenement it be far urge that the word of  the will be not certain or positive enough to disinherit the heir Bowman  versus Milbank lev a devise of all to his mother be hold to be incertain and  not sufficient to disinherit the son it be say on the other hand for the  defendant that even if the case will admit of any doubt yet the plaintiff be  not proper to come into this court that here be no mortgage lease or trust  that can have be set up by the defendant which he have tell the plaintiff in  his answer so that whatever the plaintiff do at first yet upon the come in of  the answer he may safe have proceed by ejectment then as to the merit it be  say that the word temporal estate have be construe and very proper to extend  to all the estate both real and personal and that in opposition to the word  eternal the word temporal be the same as worldly and as such it come within  the reason of the Lord warrington case where the word be as to my worldly  estate I will that all my debt be pay c and by virtue of these word worldly  estate it be hold that his real estate be liable to his debt but the latter  clause itself will be sufficient to pass a real estate of inheritance and so  be the opinion of the court in the old report there be a case in style where  the word all my estate be hold to pass a inheritance and another in skinner  report where all my estate pass every thing the testator have Hyley versus  Hyley Mod all the remain part of my estate so in Chan case Terrel versus page  and in Mod carter versus Horner case tempt Talbot salk Bridgwater versus  Bolton vern murry versus wise ackland versus ackland Beacroft versus Beacroft  and likewise the case of Awdrey versus Middleton in where the word be as to  all my worldly estate I give some legacy and all the rest of my good and  chattel and estate I give to Middleton and the question be whether the real  estate pass by that all the Lord Cowper hold that from the frame of the whole  will the testator intend it and accord decree the real estate shall pass and  that case do not vary in any particular from the present case tempt Talbot er  p except the word worldly instead of temporal all my concern have be hold to  pass a real estate and that upon a point reserve upon a trial at a assize so  and whatever else I have in the world have pass a estate of inheritance Lord  chancellor king before who this cause be first hear you have cite no case  where the word temporal have be use but to I it seem clear to relate to every  estate of this world for there be nothing here but what be temporal every  thing must have a end and the testator certain intend all the remain part of  his estate to go to his wife as well real as personal but then whether she  will take a estate for life or in fee I do not determine that point be not  before I if they have a mind to try it they must stay till she be dead the  plaintiff be heir at law insist upon try the validity of this will at law and  likewise what will pass by it and accord the Lord chancellor retain the bill  till they have a trial on the that of June Trin g this cause be reheard by the  Lord Talbot who affirm the Lord king decree and decree a estate in feesimple  to pass by the word of the will Vide ante and reference also Wheeler v  Walroone anley cite Tufnell v page Ambl Rep cite hope on the demise of brown v  tailor burr see the case of reeves versus winnington Mod where a devise of all  his estate be hold to pass a fee by the whole court case tempt Talbot  ADDENDA See prefatory note