case sir edward clear against parker Michaelmas term pound Elizabeth roll if a  feoff he make of land to the use of such person as the feoff shall limit and  appoint by his last will the devisee shall take by the feoff and the will be  only a direction to the use ante SC   SC more SC cro James   light b and Mr  hargrave note p more error of a judgement in a assize upon a special verdict  in Suffolk the case thereupon be one clement Harwood have three manor convey  two of they for a jointure to his wife and for the preferment of his child and  afterward make a feoff of the three manor to the use and limitation of his  last will all the manor be of equal value and hold of the queen by knight  service in capite and afterward by his will devise this manor and whether it  be a good devise of the entire manor or of no part thereof be the question  croak Elizabeth it be resolve that it be a good limitation of the entire manor  and that he shall take it not as devisee by the will but the feoff be to the  use of his will he shall take it by the limitation and not by the devise for  he can devise any part have before limit two part in jointure and therefore  the case be before Popham and clerk justice of assize Popham take this  difference if he have make a feoff of all his land to the use of his last will  and after have devise that land by his will the land be hold in she pile it be  a good devise for two part and the devisee shall take by the will and the law  shall construe it as a dispose thereof by his will as owner and it shall be  good for two part and no more for when the will may he construe to take effect  in any part it shall be good for that part but when a will be utter void to  convey a interest as it be in the case in question because he have before  dispose of two part by a act execute for the benefit of his wife and child and  the statute do not give he authority to dispose of more by his will the  construction shall he that the will shall not he altogether void but that it  shall he a limitation of the use upon the feoff and the devisee shall take by  the feoff for otherwise he shall not take at all wherefore it be resolve and  adjudge accord against sir Edward clear he bring a writ of error and assign  error in this matter in law and it be move and no other error open than this  matter in law Popham Fenner and Yelverton gawd that absent hold that the first  judgement be good and give rule accord that the first judgement shall he  affirm unless other matter be show by such a day at which day Snig move other  cause and it thereupon as adjourn a   b a it be move again in Trinity term  James and determine for the defendant in error that the first judgement shall  he affirm cro James croak Elizabeth er p