case gore against gore devise to the old son of his old son in tail male and  for want of such issue to the use of his second son in tail male he shall take  immediate S c Mod S c Peer wms S c Eq ab S c bar S c stram this case upon the  plead be agree on both side to be as follow the father be seize in fee devise  his land to trustee and their heir executor c for the term of five hundred  year upon such trust as by his will shall be declare and from and after the  expiration or other soon determination of the say term and estate then to the  use of the old son of his the say testator old son and the heir male of his  body and for default of such issue to the use of his the say testator second  son and the heir male of his body with several remainder over in tail the  father die and his old son have no issue the second son claim the estate as  the issue in tail male and upon the hear this cause the case be thus state and  refer to the judge of the king bench for their opinion who shall have this  estate either the second son of the modern report testator or whether the  feesimple shall remain in the trustee until his old son shall have a son and  upon hear counsel on both side it be the opinion of the judge that the second  son of the testator shall take immediate upon his the testator death and their  reason be first because the son of the old son not yet bear can not take by  way of remainder because there be no particular estate to support it neither  can he take by way of executory devise so that if the feesimple shall descend  on the heir at law of the testator and vest in he until this contingency of  the birth of his old son shall happen it will tend to a perpetuity now this  case come back to the court upon the judge certificate of their opinion it be  move that it may be argue again because be refer to they by way of case state  no writ of error will lie upon their judgement the court declare that where a  case be refer to the judge for their opinion it shall conclude this court it  be true it be not so when they come into court and give their opinion here but  the judge have certify their reason for their opinion this court may consider  thereof like a general verdict at commonlaw which conclude the judgement of  the court but if the jury specify their reason for such verdict it be  otherwise so where the king grant a thing ex mero movement without any express  consideration such grant be good but where the consideration be express in the  grant and it be either wrong or false it make the whole grant void if the  consideration be not execute for this hold only where the consideration be  executory now if the party shall rest under this opinion of the judge there  will be a end of the cause and as this be a point which ought not to be  determine by the opinion of any one court but to have a final determination in  a proper method therefore it be order that counsel shall speak to this point  at the bear this cause so that it may come before the house of lord upon a  appeal if either of the party shall think fit but they agree afterward the  testator second son die without issue whereupon d a next remainderman bring  this matter yet once more into chancery in Lord chancellor Talbot time his  lordship refer this matter again to the judge of the court of king bench who  certify that they think the remainder good and that a interim estate until the  birth of the son of the testator old son and who be modern report er p since  bear descend to the testator old son and so the contingent remainder support  as Mr viner hear a see vin Abr pl notorious facts see also Peer wms where the  two certificate in this case be state a