case barry versus Edgeworth at the roll ab Eq Cas p win S c a devise of all  real and personal estate will pass a fee modern Cas Mr attorneygeneral for the  plaintiff the bill be bring by mrs Barry the sister of the testatrix to have  the deed and write bring into court for their safe custody she be entitle as  heir to her mosely report sister to the reversion of the land devise to the  defendant for life and the single question for the judgement of the court be  on these word of the will I give and bequeathe all my land and estate in Upper  Catesby in Northamptonshire with all their appurtenants to William Edgeworth  Esq whether they carry a fee or a estate for life only I allow that the word  estate carry sometime not only the thing itself but all the interest the party  have in it as where the testator devise all his real and personal estate  whatsoever and this be solemnly adjudge in the case of the countess of  Bridgwater versus the duke of Bolton salk Cas though till that resolution this  have be a point much doubt and often debate but the word estate do not always  and necessary carry a fee for where it be couple only with personal thing it  will extend only to they the word estate in this will be but a description of  the thing the testatrix design to pass all my estate in Upper Catesby be only  a local description but the legal interest can be say to lie there for that be  only in consideration of law and there be a great difference between the word  all my real estate and the word all my real estate at such a place Mr robin in  the case of Wilkinson versus Merryland cro can the intention appear plain to  give away everything yet the fee do not pass in Mod carter versus Horner no  judgement be give which show it be no plain case in smyth versus Tindal in it  be adjudge in b b that by the word all my land tenement and hereditament a fee  will pass but that construction be make in favour of a perpetual charity Mr  solicitor general for the defendant I allow that a devise of all my land  passes only a estate for life and the counsel for the plaintiff likewise agree  that a devise of all my real estate will extend to all the interest the  testator have and if he be seize in fee will pass the inheritance and that  there have be no variety of opinion since the case of the countess of  Bridgwater versus the duke of Bolton unless those word of the will be control  by any other but in our case there be no other word to make a variance they  say if the word estate be couple with personal thing it will extend only to  they but this argument turn against they for here the word estate be couple  only with land mosely report which passes the thing and the testatrix make use  of these word to prevent all doubt and to show she intend to pass away all her  interest in those land which she have before devise by express word the word  in Upper Catesby be add by way of restriction of the land not of her interest  for mosely report er p she may for ought appear to the contrary have other  land lie elsewhere and Mod Wilson versus Robinson be a authority in print keb  c lev Mod Styl roll ab Mr peer William in a will no strict legal word be  requisite but if the meaning of they be plain they be to take effect and no  word in a will be to be reject that can have a reasonable sense put on they if  the word estate be not make use of in this will to pass a fee it be useless  and put in to no purpose in many of the book case the word may be satisfy by  construe it to pass a estate for life but this be do here by the word land so  that it must pass the fee or nothing in the case of Wilson and Robinson the  same objection be make to the restriction of the place as here but be overrule  in the case of Norton versus lad lutwych the word I give the whole remainder  of all those land which I have give to my sister Alice pass a fee but all my  estate be more proper word to pass the inheritance than my whole remainder and  the intention of the testatrix be plain for she have give the defendant who  she design to marry all her personal estate even her wedding clothes and she  take notice of the plaintiff her sister and bequeathe her pound and I have  know many case adjudge at nisi prius on the authority of the case of the  countess of Bridgwater versus the duke of Bolton Mr attorneygeneral reply the  word whole remainder be of the same import as remainder in fee and the case of  Wilson and Robinson though it seem against we be very distinguishable from we  there be a particular customary interest and the word describe and pass all  that customary or tenant right master of the roll the case of the countess of  Bridgwater versus the duke of Bolton be often argue and Mr Cowper afterward  Lord Cowper who be of council with the duke of Bolton advice he not to bring a  writ of error it have be say that mosely report several case have be since  adjudge accord at nisi prius and I have know many decree make in this court on  that authority in that case many former resolution be cite that agree with it  and none that crashed by that resolution a devise of all my real estate or of  all my real estate in such a particular place will pass the inheritance of all  the land the testator have the fee of for accord to Mr solicitor general be  distinction confine the word to such a place do not restrain the interest of  the devisee but the thing so if the testator have land in a and b a devise of  all his estate in b will pass the fee the word estate primary import the  interest a person have in any thing but secondary the thing itself because it  be impossible to have the interest without the thing the word of this will  plain show it be the testatrix her intention to pass the fee she not only give  the thing by the word land but add the word and estate if the word have be all  my land or estate I be of opinion that land and estate will have be only term  synonymous but the word estate here have a additional sense and be as if she  have devise all her land and all her interest in they the case of Wilson and  Robinson do not come up to this case for what be his tenant right but a right  to the inheritance sub modus I have no doubt on these word vern Chan Cas Styl  Mod show Mod post Cas and though it be usual on a point of law for the court  to direct a trial or a case to be state for the opinion of the judge I shall  not do either in this case but will dismiss the bill because the plaintiff  after the death of the defendant may bring a ejectment Friday may the d motion