case hear against allen Trinity term James and Hilary term car roll refer to  Cuthbert v Robinson lj Ch a devise of a house cum appurtenance will not pass  land at a distance though occupy with the house ante post Hutton bendl more  Plowd cro Elizabeth cro James   light Bl Rep Com dig peer wms bro Ch Cas term  Rep b r a devise to a and his heir and if he die without heir then to a  stranger passes a estate in fee to a but a devise to a and his heir and if he  die without heir then to his sister in fee passes a estate in tail only for  the sister be his heir it appear that the testator mean heir of his body cro  James more Bulst roll Abr hut Com Rep salk lev peer wms ld raym Eq Cas Abr  vezey dougl Cowp term Rep term Rep croak car er p on a devise to a and his  heir with diverse remainder over if a enter and make a feoff with warranty the  remainder be bar post   light Powell on Dev ejectment of two acre of meadow in  Kingham of the demise of whether keen upon the march James for seven year from  the purification before the ejectment upon not guilty plead a special verdict  be find that one Richard keen be seize in fee of a message and of two acre of  land in chip Norton and of the say two acre of meadow in Kingham and use and  occupy the say two acre of meadow be four mile distant from the say house  together with his land and tenement in chip Norton and hold they all in  soccage and be so seize upon the may Elizabeth by his will in write devise the  say house cum omnibus et one appurtenance ad ind well to some place modus to  look on thomae keen son his et heir nest in continuous et pro diminution heir  prediction thomae keen to whether keen daughter of the say Richard keen and to  her heir for ever and for default of the heir of the say whether keen tunc  prediction messuagium cum appurtenance John keen kinsman his et heir nest in  continuous and the say Richard keen by the say will devise all men land urge  et in all respects good svan nobilia ei unwieldy to Elizabeth his wife during  her viduity and the say Richard keen afterward die the say Thomas keen be his  son and heir and that the say Elizabeth enter and be seize and the say Thomas  keen enter into the say two acre of meadow and seize the say Elizabeth and  afterward upon December Elizabeth nfeoffed thereof Edward keen with warranty  against he and his heir and that Thomas keen die without issue and that the  say whether daughter to the say Richard keen be his sister and heir and that  afterward Edward keen be so seize devise that land to whether his wife for her  life and die and that the say whether keen enter and let to the plaintiff who  enter and the defendant eject he et si super totan means c this case be argue  at the bar first whether by this devise of Richard keen of the message cum  appurtenance those two acre of meadow pass be use with it and all the court  conceive they do not pass a because by the word cum appurtenance land passes  not but only such croak car thing which proper may be pertain otherwise it be  if it have be cum terris to stretch out then that which be use to it will have  pass but by the bare word cum appurtenance without other circumstance to  declare his intent they shall never pass vide hill v grange Henry the second  question be admit they pass whether it be a estatetail in Thomas and the  remainder in whether under who the defendant pretend to claim as it be affirm  or a feesimple in Thomas and the remainder void for it be agree that if the  remainder have be limit to a mere stranger the first estate have be a fee and  the remainder void as it be Henry Henry dyer because no intent appear to make  a estatetail but a feesimple by the word and then the remainder over be void  but here when it be limit to the brother and his heir and if he die without  heir to his sister who be his heir to who he intend it shall go those word  show what heir he intend videlicet heir of the body wherefore by his intent a  estatetail be to be create but in this point Richardson chief justice Hutton  and Harvey justice conceive it to be a fee and not a estatetail and the  remainder to be void but Yelverton and myself hold the contrary and that such  construction shall be make as shall make it agree with the intention of the  party but we all agree there be a collateral warranty a descend which bar the  remainder and not a warranty commence by seize as be object vide   Seamors  case but because no title be here find at all for the defendant but primer  possession the matter in law can come in issue and therefore wherever way data  judgement ought to be give for the plaintiff and judgement be give accord a  vide post and see ewer v Hudson more that the land do pass with the house say  vide Owen and ander contra l c b Parker ms a see the Ann c and   light b note  croak car er p