case wellock against Hammond Trinity term Elizabeth roll see Pickwell v  Spencer lr ex ex a copyholder in borough English surrender land worth a year  to the use of his will and devise it to his wife for life remainder to his old  son pay S to each of his four brother and his sister within two year after the  death of his wife the old son take a estate in fee and if he make default of  payment the young son may enter for the word pay shall he construe a  limitation and not a condition ante post croak Elizabeth er p S c Rep Leon    light b a   a dyer cro James roll Abr Mod bro test bro be vern Plowd   Brownl  pale yellow on Dev cro car Carth roll Rep gold Noy Owen Leon Lut Eq can ab  will Com Rep ld raym salk stram andr b r h Mod Com dig Bac Abr Bac Abr Bac Abr  burr Bl Rep Bl Com ld not argument bro Ch Rep Swii b Bac Abr Powel on Dev Cowp  I bro Cas Ch trespass the case upon special verdict be Thomas wellock  copyholder in fee of land of the nature of borough English descendible to the  puisne son and puisne brother have issue four son and a daughter and surrender  the land to the use of his will and devise the land to his wife for life  remainder to John his old be pay forty shilling to each of his brother and to  his sister within two year after the death of his wife and die the wife enter  and die John enter and pay not the legacy within two year but within five year  he pay they William the young son die without issue John surrender the land to  the use of his will and devise they to his wife and die the wife enter and  take the defendant to husband Richard as puisne brother and heir enter the  defendant ousts he he bring trespass and it be find that the land be worth  four pound per annum the question be if the entry of Richard be lawful Godfrey  and coke for the plaintiff croak Elizabeth the first point the land be worth  four pound per annum and John be to pay eight pound what estate passes by the  devise and they argue that a estate for life only passes for no estate be  limit and the consideration be too little to make it a feesimple and Godfrey  cite a case in Elizabeth hetween flatman and Clowton that it be hold by all  the justice except Weston accord but when the consideration be of the value of  the land or near the value it be otherwise second point if the word pay he a  limitation or condition and they argue it be a limitation and not a condition  for if it he a condition it be void and to no purpose for it shall descend to  he that be heir to the condition and so be extinct and no remedy to compel he  to pay the forty shilling and therefore the law shall construe it a limitation  of his estate that it shall cease if he do not pay it and the law shall  transfer it to the heir in borough English and although the word find as a  condition yet because they be so construe will he void they shall he expound  as a limitation and cite Crickmeis case which vide ante mich Elizabeth plea  Shirley and Johnson contra it be a feesimple for he pay a consideration for it  and the value be not material and cite Henry Br testament Edward Br estate  Edward second the word be sufficient and apt to make a condition Edward dyer  mar Elizabeth dyer and this can he no limitation because the land be limit to  other if he pay not the money and he it a condition or limitation it be not  find there be any demand of the money and so no breach curian it be a fee for  the value be not material and no book speak of the value second it be a  limitation and not a condition for if it he condition it do extinguish in the  heir and no remedy for the money but be a limitation the law shall construe it  that upon the nonpayment of the money his estate shall cease and then the law  shall carry it to the heir by custom without any limitation over and in a  devise it may well he that a estate in fee shall cease in one and shall he  transfer to another three the money be to he pay without request and it be  adjudge for the plaintiff vide   b croak Elizabeth er p