brown case sir HARDOLPH WASTNEYS appellant Charles chapel respondent that may  Mews dig ringtail I S devise a lease for life after payment of his debt to his  two grandchild h and W but if either of they die without heir of their own  body then the share of he so die shall go to the testator other grandchild c W  die without issue and on a bill file by a mortgagee to foreclose it be hold  that h and c be entitle to redeem in equal moieties Richard Lord archbishop of  York by lease date the that of November demise to Francis Sandys Esq the site  of the manor of Askham and several land in Askham in the county of Nottingham  to bold to the say Francis Sandys his heir executor administrator and assign  for the life of mary Wastneys widow Margaret Sandys spinster and Ann Crake  spinster and the life of the long liver of they under the yearly rend of pound  S d Francis Sandys be only a trustee in this lease for one colonel William  Sandys who on the that of December make his will and thereby after charge  several annuity on the premise and particular a annuity of pound a year to his  daughter Penelope hovel and some small legacy give the rest of his real and  personal estate to his daughter Margaret Sandys and make her sole executrix  and after the death of his say daughter hovel the testator declare his will to  be that her annuity shall go to his say daughter Margaret towards payment of  his debt and after both their death if his debt be pay his will be that his  estate shall be equal divide between his grandchild sir Hardolph Wastneys the  appellant and his grandchild Thomas Wightwicke in lieu of what they or either  of they may demand of he or his executrix they pay to his other grandchild  Charles chapel the respondent pound a year during his life and his further  will be that if sir Hardolph or Thomas Wightwicke or either of they die  without heir of their own body lawful beget then their or either of their  shareg shall go to his say grandchild Charles chapel soon afterward the  testator die whereupon Margaret his daughter and executrix prove the will  enter upon the leasehold estate and apply the rend and profit thereof in  payment of the testator debt and annuity as well while she continue sole as  after her intermarriage with Philip squire clerk by indenture date the that of  July Thomas Wightwicke in consideration of pound release and convey all his  reversionary right title and interest in the say leasehold premise to the  appellant and afterward die unmarried and without issue in the lifetime of the  executrix upon the death of the say Margaret squire the appellant enter upon  the premise and receive the rend and profit thereof but some time afterward a  bill be file against he in brown the court of chancery by Elizabeth Hickman  and other who have a mortgage on this estate for pound either to satisfy their  demand or stand foreclose the appellant thereupon file his bill against the  mortgagee for a redemption and the respondent about the same time exhibit his  bill against all the party pray to be let into possession of a undivided  moiety of the say leasehold premise and to have a account of the rend and  profit thereof and that he may be at liberty to redeem the same on the d of  march these three cause be hear before the Lord keeper Harcourt who declare  that the appellant and respondent be entitle to redeem the say mortgage  premise in moieties and therefore decree a reconveyance thereof to they in  moieties upon payment of the mortgagemoney with interest and cost and that in  the mean time the respondent shall be let into possession of the premise and  into the receipt of the rend and profit thereof equal and together with the  appellant in moieties from this decree so far as it establish the right of the  respondent the appellant appeal insist I Gilbert W Gylby that the term be  limit to the re brown er p spondee after the decease of the appellant and  Thomas Wightwicke without heir of their body lawful beget ought to be deem a  void limitation both in law and equity as tend to a perpetuity and prevent the  estate from be by any mean alienate for though the original estate be only for  three life yet it be the mutual interest of landlord and tenant that such  lease shall from time to time be renewable and be renew must continue under  the same trust the estate may by possibility continue for ever and consequent  the entail thereof will never be liable to be bar that no contingent remainder  in the limitation of a term can be good unless it spring within the compass of  the life of person in be but there be no word in the limitation of this entail  which determine the same during the life of any person in be and therefore it  be hope that the remainder to the respondent will not be allow on the other  side it be contend e Northey S Cowper to be the plain and evident intention of  the testator that if either the appellant or Wightwicke shall die without heir  of their body the share of such person so die without issue shall come to the  respondent and in support of his title it be insist that no estate vest in  Wightwicke on the testator death but only a possibility to hold a moiety of  the premise so long as he shall have heir of his body if the lease shall  continue after the death of mrs hovel and Margaret Sandys and the debt be pay  but if the three life shall determine before the death of mrs hovel and mrs  Sandys and payment of the debt then Wightwicke can take nothing and therefore  that which vest in he be nothing more than a bare possibility and be determine  by his die without issue so that his conveyance to the appellant can have  brown no effect or operation at all that the estate devise be a freehold for  three life the devise to the respondent although after a failure of issue of  the appellant or Mr Wightwicke be good as a designation of the special  occupant who be to take in default of the special occupant before name  videlicet the several heir of the body of the appellant and Wightwicke and  though it shall be admit that the possibility which vest in Thomas Wightwicke  do in equity pass by his grant to the appellant yet upon Wightwickes die  without issue his interest or possibility be determine and the respondent be  entitle to his moiety as the next special occupant name in the devise subject  to the debt and annuity charge thereon by the testator will after hear counsel  on this appeal it be order and adjudge that the same shall be dismiss and that  so much of the decree as be therein complain of shall be affirm jour vol p