coke a quick case pasch James in the court of ware the queen lady paramount n  and Q mesnes of a manor which they hold in common by knight service in capite  b tenant paravail of W meadow hold of the say manor by knight service Q make a  feoff of his moiety to the use of a bridge Swinb light Rep more Cr James cro  car hard a it may be collect from the authority that if the word c son be use  not as a demarcation person but with a view to the whole class or as comprise  the whole of the male descendant several and successive that it be the  manifest intention of the testator to give a estate tail per Bayley I hellish  v hellish barn Cress SC dow Ryl quod vide and the case cite there b that these  word in a will create a estate tail vide crook v de Vandes Ves the case cite  wright v Pearson Eden university of Oxford v Clifton Eden Dansey v Griffiths m  S and the case cite there cruise dig rd edn unless it can be collect from the  whole of the will that the failure of issue intend by the devisor be a failure  of issue at the death of the first taker roe v Jeffrey TR glover v Monckton  bing b bridge a Cr car b roll Rep Swinb Cr James godb   a b a b   a hob    light b a Brownl roll cart c cart roll Brownl   a b a b   light b a hob   a Cr  James roll Rep godb Swinb c vide mildmay case note g   b Wilkinson v Wilkinson  Swanst coke report b er p himself for life remainder to the use of I his son  and heir apparent in tail remainder to the use of himself in fee b feoff I in  fee of the say meadow who feoff Q in fee by collusion between I and Q to  defraud n of the wardship of a the son and heir of I within age I die n seize  the body of a and Q die and the moiety of the manor descend to a hold the king  shall not have the wardship of the moiety of the say meadow car c queen  Elizabeth lady John Northcote and Thomas quick tenant in common of the manor  of Newton be the mesnally hold of the queen in capite by knight service and  one William Bodlei tenant paravail of three acre of meadow call warram meadow  hold of the manor of Newton by knight service Thomas quick Elizabeth feoff  Babb and other of his moiety of the say manor to the use of himself for his  life and after to the use of John quick his son and heir apparent in tail and  afterward to the use of the heir of Thomas quick and afterward William Bodlei  of the say three acre of meadow feoff the say John quick and his heir and  afterward John quick five day before his death and be sick by collusion  betwixt he and his father feoff his father and his heir to the intent to  defraud the say John Northcote of the wardship of Andrew son and heir of John  quick be a infant within age and afterward John quick die after who death John  Northcote seize the body of Andrew quick and afterward Thomas quick die after  who death the moiety of the say manor descend to Andrew quick the question be  whether the wardship of the body and of the moiety of the say three acre of  meadow belong to the king or to the say John Northcote and this cage be argue  by counsel learned on both side in Hilary and easter term and two question be  move in this case when John quick tenant in tail in remainder of the mesnalty  die his heir within age then accrue to the king beginning of coke b wardship S  when tenant for life die and by the death of John accrue to Northcote wardship  of the body in respect of the feoff by collusion of the say three acre of  meadow and of the moiety of the three acre of meadow and afterward when Thomas  quick who be tenant for life of the mesnalty die then be the king title which  be begin before consummate and therefore it be argue that the king title shall  be prefer for now the king title be by the descent from he in the remainder  and the death of the tenant for life be but the remove of the  impediment etquando law dom ring to put under accuse a concurrent law Reg  preferri debet as in dame hale case b husband and wife jointtenants of a term  for year the husband be felon de see he shall forfeit the whole blow Com and  yet there it survive till office but after office it have relation either  before or at least to the time of the death so in the case at bar although the  king title be not full till the death of the tenant for life yet when be die  then the king title be by the descent which accrue together with the title of  Northcote by the death of John quick notam the case put by Weston in dame hale  case of descentto a c villain be idiot b vide e a if the king and a common  person join in a foundation the king be founder as to that it be answer and  resolve that in this case the interest vest in Northcote shall not be divest  for the title of Northcote be d consummate by the death of John quick but by  hisdeath the king have but a possibility if Thomas shall die during his  minority for if Andrew quick have come of full age during the life of Thomas  quick he shall never be in ware although he be within age at the time of the  descent of the remainder and bingham case in the second part of my report f  prove that it be but a possibility for if after the descent of the remainder  and before the death of the tenant for life the signiory be grant over a r  Hardr   light b   a b Hardr Ves c Hardr   light b d Hardr post a coke report b  er p and afterward the tenant for life die the heir of he in the remainder  within age neither the grantor nor the grantee shall have the wardship of he  vide e the case of the duke of Lancaster but the say point never come in  question for by the feoff of John quick of the say three acre to Thomas the  mesnalty as to the say three acre be extinct because Thomas quick have the  reversion of the mesnalty so that the reversion be extinct no particular  estate of the mesnalty either for life or in tail can remain and that be the  clear opinion of the two chief justice and chief baron vide h e e the case of  warranty it be move that when the tenant make a feoff to certain person by  collusion that the lord ought to recover the land by writ of right of ware  before he shall have a writ of ravishment of ware and therewith agree f n b  king h b h by Prisot and the stat of h in case of collusion give a writ of  right of ware for the body a and land and therefore in this case Northcote can  not seize the ware till he have recover the land and then it be object that  the title of the king by the death of Thomas quick be in possession and shall  be prefer before the title of Nortcote which be only in action as to that it  be resolve that the title of wardship which accrue to he by the death of John  quick although it shall be in action shall not be divest by the death of  another ancestor S of Thomas quick