case foy against hind Hilary term James roll b r a devise to a in tail and for  default of such issue to b in tail and so on to c d and e be a immediate  devise and not render contingent by a subsequent limitation in the will devise  the estate to a until such time as the say a shall go about to alien and then  to b et such verbatim as before to c d and e for otherwise the intent of the  devisor which be to give every one in remainder successive may be destroy S g  Jones raym   see Mr butler note   light a a devise to a in tail until such  time as the say a or any issue of his body shall effectual assent conclude do  or go about to do or make any act to alter or discontinue the estate tail and  that then I give the say land to b and so under the same limitation to c d and  e the remainder over be void for the law will not encourage such perpetuity or  permit a estate tail to be determine by such ambiguous limitation more cro  Elizabeth a Leon vent vezey vern   burr peer will sheep touch Ch Cas Eq Cas ab  Fearns con Rem Com dig Com dig Bac ab ejectment of land in Lillington of a  lease of Richard Keyleway upon not guilty plead a special verdict be find that  Martin Keyleway be seize in fee of this land hold in soccage and make his will  in write in this manner for the good will I bear to the name of the Keyleways  as also desire b the grace of God that all my land may have continuance in the  name of the Keyleways I give and devise unto the heir male of my body all my  land wheresoever and for default of such issue my will be to entail all my say  land to my nephew Henry Keyleway and the heir male of his body and for default  of such issue to his brother Thomas Keyleway and the heir male of his body and  so to William Keyleway Christopher Keyleway and Robert Keyleway and for  default a Henry c for transfer use into possession croak James er p of such  issue to the right heir of the say Martin habendum to they several and to the  heir male of their body to the only intent and true meaning of this my will  and so long as they and every of they do perform and keep the true meaning  thereof touch the entail of all my say land in manner and form follow and not  otherwise and therefore I give and bequeathe all my say land after the decease  of the heir male of my body without issue to the say Henry Keyleway and the  heir male of his body until such time as the say Henry Keyleway or a issue  male of his body shall effectual and express assent conclude do or go about to  do or make any act or act to alter discontinue or change this estate tail or  any part thereof or of any part of the land or shall express or direct go  about to alter or change the meaning of this my will touch these my land or  any part thereof other than in make lease for twentyone year render the  ancient rend that then my will be and I do give and bequeathe all my say land  to the say Thomas Keyleway and the heir male of his body and that it shall be  lawful to and for he the say Thomas Keyleway and the heir male of his body  immediate upon such assent conclusion make or go about as aforesaid to enter  into all the say land and the same to have and enjoy unto the say Thomas  Keyleway and the heir male of his body until such time as he shall effectual c  et such verbatim as before it be limit to William Christopher and Robert every  one of they several croak throw Martin the devisor die without issue Henry  Keyleway enter and have issue Robert afterward Thomas Keyleway die have issue  Richard the lessor Henry and Robert his son levy a fine sur conusance de law  come Ceo c to William hind which be by express agreement betwixt they to the  use of he and his heir Richard enter and let we to the plaintiff and the  defendant ousts he et si super c two question be make first whether there be  here a immediate devise to they the one after the other by the first part of  the will or that it be a declaration of his intent and no devise of the land  and then whether by the second part of the will it be but a contingent  limitation to Thomas if Henry do go about to alien c for then it be clear that  Richard have no title because the alienation be not in the life of Thomas so  as his heir can take by such a devise when it never attach in the father but  as to that all the justice conceive that it be a immediate devise by the first  part and not contingent only for then all his intent shall be destroy for if  there have not be a alienation none of they in remainder shall have have it  which never be his intent but that every of they shall have it the one after  the other if they die without issue the second point which be often argue at  the bar by sir Henry Yelverton and sergeant Damport for the plaintiff and by  Germin and myself for the defendant be whether this kind of perpetuity be  Allowable whether it be a limitation annex to the estate of Henry and be such  a limitation which absolute determine his estate by his assent to levy the  fine so as the fine levy there be no proclamation find shall he a  discontinuance or that the course of the commonlaw shall be restrain by such a  limitation and make the fine as no discontinuance to take away the entry of he  in remainder but shall be a forfeiture of the conusors estate whereof he in  remainder shall take advantage by entry and avoid it ill case of a will and  all the court who deliver their opinion seriatim agree and resolve that it be  a perpetuity condemned in our lawbook and repugnant to the law and not  Allowable for he may not determine a estate tail by such a limitation nor can  he give title to another to enter who be a stranger for by the fine there be a  discontinuance of the remainder and a divest thereof so as he can enter for it  be no limitation to enter but after the effectual go about and it be not  effectual until the act do and when the act be do the remainder be discontinue  and then he can enter also they hold that these be ambiguous and uncertain  word to make the limitation of a inheritance by the determination thereof and  therefore void and repugnant to law and the law will never give allowance to  it wherefore they hold that the case be all one with the reason in the case of  sir Anthony Mildmay     corbet case     Portinglons case and direct within the  rule of Portingtons case Richard wherefore it be adjudge for the defendant  croak James er p