case love against goddard Trinity term James roll on a devise to a in tail  male provide that if he or any issue male of his body shall alien other than  for year determinable on life that then all the premise for default of such  issue male or so much thereof as shall be alien shall remain to b in tail male  if a make a lease for year and die without issue male a   b Henry c croak  James er p leave c a daughter yet the remainder to b shall not arise for the  limitation be conditional upon a die without issue and alienate contrary to  the condition it be repugnant and void by make the remainder to commence after  the alienation of the entail SC more SC   SC roll Abr SC Brownl SC Bulst raym  term Rep trespass upon a special verdict the case be Leonard love be seize in  fee devise it to Thomas love his old son and his heir male of his body from  and after his decease for five hundred year upon condition he shall allow all  his grant and estate make by he provide always that if my say son Thomas or  any heir male of his body alien give or grant the premise or any part thereof  otherwise than to lease demise or grant the same or any part thereof to any  person or person for any number of year as shall determine upon the death of  any three person or upon the death of any four person to be name within the  same lease whereupon the old rend shall be reserve that then all the premise  for default of such issue male of the body of the say Thomas love or so much  thereof as shall be alien lease otherwise than as aforesaid by the say Thomas  love or any his issue male immediate upon every or any such alienation or  lease of the premise or any part thereof contrary to the true meaning of these  present shall remain and come to my son William love and the heir male of his  body Leonard love the testator die Thomas love the devisee enter and make a  lease for a thousand year to Richard baker and die without issue male have  issue jane Goddard the defendant who enter William love enter as in remainder  devise to he the question be whether his entry be lawful or no after argument  at the bar by the sergeant it be argue seriatim by all the justice who agree  that it be a estate tail and no term for so it appear to be the intent of the  devisor which ought to be maintain if it stand with law for it be devise to he  and the heir male of his body and that if he die without issue male of his  body c that it shall remain and the condition croak throw that he shall not  alien show his intent which be in a will all the word ought to be construe  together for the uphold the devisor intent and therefore the word for five  hundred year be void as Warberton and Anderson hold in their argument but  Daniel and Walmsley say that it shall not be mere void but shall be construe  to this purpose that the estate shall be determine when the five hundred year  be expire videlicet that they shall be tenant in tail for five hundred year as  a estate tail may be limit to continue for three descent as ass be also if it  shall not be construe to be a estate tail but a term it shall be extinguish by  the descent of the inheritance which never be the intent of the devisor that  that which begin by his death shall instant be destroy by his death wherefore  be in a will there ought to be a favourable construction make for the uphold  thereof if not repugnant to law but if such a limitation have be in a deed it  have be but a term but Daniel Kingsmil and Anderson argue for the defendant  that William love have not any remainder for it be not limit to he but upon a  die without issue and a alienation against the condition so it be a  conditional limitation which be void and repugnant to make a remainder to  commence after the alienation of a entail Daniel hold that this lease for a  thousand year be not any broach of the condition because be make by tenant in  tail it determine by his death so as it be not to continue long than the  estate for it determine upon one life Walmsley be of that opinion in this  point but Warberton e contra herein for the limitation ought to be by the word  of the condition by the express word in the lease and because a life be to  endure and not to be limit by many year and to be determine by matter in law  or ex post facto upon a life that will not serve but Walmsley and Warberton  hold that it be a express limitation of the entail and of the remainder  expectant thereupon and not to begin upon the alienation as be pretend  wherefore the estate tail be spend William love have a good croak James er p  estate in remainder and may maintain the action but notwithstanding their  opinion it be adjudge by the other three justice for the defendant a croak  throw easter term James in the king bench sir John Popham Knt chief justice  sir Edward Fenner Knt sir Francis gawdy Knt sir Christopher Yelverton Knt sir  David William Knt justice sir Edward coke Knt attorney general sir John  Doderidge Knt solicitor general