case canning versus canning see den they more v Mellor TR at the roll if a  devise be load with a perpetual charge that will enlarge the estate though  there be no express word to pass the inheritance vern Styl more Cas Mr  solicitor general for the plaintiff Mr Canning make his will inter all in  these word all the rest residue and remainder of my message land tenement or  hereditament whatsoever and wheresoever unbequeathed after my just debt legacy  and funeral expense be full satisfy and pay I give to my executor in trust for  my daughter and the question be whether these word pass a estate in fee or for  life only to the executor as the testator have a power so it appear to be his  intention to pass the fee which be the rule to construe will by and be the  reason why a devise to a man for ever have be take to be a devise of the  inheritance and the intention be to be gather not from one clause only but  from the whole will the testator plain design to make a full disposition of  his whole estate he consider his old son and heir at law in the first place  and he devise a message call the royal oak to he and his heir and thirty pound  a year for his life to be pay he by his executor out of the land of Upper  Illington in Warwickshire the estate in question then he bequeathe several  pecuniary legacy next he devise certain land to his wife for life remainder  over in fee and then come the clause in question a reversion in fee may  undoubted pass by the word hereditament and a fee may pass from circumstance  and the testator by make a particular provision for his heir show what he  design he shall have and where there be a general devise to executor for a  particular purpose such a estate must be construe to pass to they as will  enable they to execute that purpose and where the estate be load with a  perpetual charge or annuity it must continue as long as the burden though they  be no express word to pass the inheritance mosely report this devise can  determine with the life of the executor because the annuity to be pay out of  it to the son may last long and his intention further appear from hence that  though his heir survive his executor he give he only pound ayear for life out  of they and if the estate be not to determine with the life of the executor  they can have no other interest but a fee and the book case be full of  resolution of this kind a devise of land pay such a sum as suppose pound on  the death of the testator be a devise in fee because the devisee may die  before quarterday and so possible by another construction he may be a loser  salk smyth versus Tindal the court hold the devise to Margaret a fee because  it be subject to a perpetual charge but the word themselves will carry the  inheritance hereditament be a more extensive word and more clear comprise the  inheritance than the word estate and in Mod Willows versus Lydcot Mr justice  Powel be of opinion that the word hereditament import the inheritance and if  he have devise the inheritance not mosely report er p before dispose of the  reversion in fee will have pass salk Cas coal versus Rawlinson lutwych Norton  versus lad a devise to a for life the whole remainder to b if he survive a if  not then the whole remainder and reversion of all the say land to my sister  and their heir it be adjudge that b take a fee here all the remainder c  unbequeathed be the same as the whole remainder and in the case of Hopewell  versus ackland salk the court be of opinion a fee will pass by the word  whatsoever I have not before dispose of here the word be whatsoever and  wheresoever unbequeathed Mr Abney these word pass the fee which appear first  from the word hereditament   light a hereditament be the large word of all in  that kind for whatsoever be a hereditament may be inherit be it corporeal or  incorporeal real personal or mix but in hob Cas Widlake versus Harding sand  more Cas godb I do give and bequeathe unto my cousin and her assign my now  dwellinghouse with all the land belong to it for the term of ninetynine year  and my say cousin shall have my inheritance if the law will allow it it be  adjudge the cousin take a fee by the word inheritance second from the word all  the residue and remainder c all the rest of my estate will plain have convey  the inheritance and we think these word be as full and significant mosely  report vern murry versus wise not devise to his daughter pound and all the  rest and residue of his real and personal estate to his wife the wife take a  fee Alleyn Wheeler versus Waldron a have a manor and other land in  somersetshire devise the manor to b for six year and part of the other land to  c in fee and then come this clause and the rest of my land in somersetshire or  elsewhere I give to my brother and it be adjudge that by the word rest the  reversion in fee of the manor pass as well as the land not devise before Mod  Hyley versus Hyley all rest and remain part of his estate he devise to his  three grandson equal to be divide among they that only except which lie have  give to Peter Charles and John and to the heir of their body it be adjudge  that without the exception the reversion in fee will have pass by these word  three from the word whatsoever and wheresoever unbequeathed after my just debt  and legacy and funeral expense be full pay and satisfy Ventr Mod Carthew  Willows versus Lydcot William Shelton seize in fee of the message in question  and diverse other message in the parish of saint Martin and other parish make  his will and thereby devise his house in the other parish to diverse  charitable use and then devise to Edward Harris and mary his wife the message  in question for their life and then in the follow clause the better to enable  his wife to pay his legacy he devise all his message land tenement and  hereditament whatsoever within the kingdom of England not above dispose of to  have and to hold to her and her assign for ever and judgement be give in b r  that the reversion do not pass but that be reverse unanimous in the exchequer  Chamber because there be word in the devise to the testator wife that will  carry the reversion of this house as a hereditament not dispose of and here  the word whatsoever and wheresoever unbequeathed be of the same import salk  Hopewell versus ackland John ackland be seize in fee of the land in question  devise a annuity to h in fee item he devise his manor of bucknal to a and his  heir item he devise all his land tenement and hereditament to a item he devise  all his good and chattel money and debt and whatsoever he have not before  dispose of to the say a he pay his debt and legacy and make a his executor and  per Trevor chief justice by the conclude word and whatsoever I have not before  dispose of a estate in fee will pass and this be further enforce by the follow  word cro Elizabeth he pay c and by the annuity to h in fee here the personal  estate be not sufficient to pay the debt and legacy and where land be devise  for the payment of debt or portion a fee will pass by word that mosely report  will not otherwise carry it   light b if a man devise twenty acre to another  and that he shall pay to his executor pound the devisee have a feesimple   a  Colyers case a man devise part of his land to his daughter and other part to  his wife for life with the profit of which she be to educate her daughter and  that after her death it shall remain to his brother pay S to one and other  small sum amount in the whole to S and the yearly value of the land be pound  and it be adjudge that the brother have a fee vern where land be devise to pay  debt and legacy out of the rend and profit the land may be sell otherwise  mosely report er p if they be to be pay out of the annual rend and profit and  it be a rule in equity that where land be give general to trustee without  mention for what estate they shall be take to have such a estate as will  enable they to execute the trust now a annuity be to be pay out of this estate  which may outlast the life of the executor and therefore their estate must be  enlarge Mr Yates for the defendant these word pass only a estate for life a  devise to one general be but a estate for life and where the court enlarge it  the intention of the testator must be very manifest from the word of his will  in their common and ordinary signification and when a man use technical word  they must be take in the same sense the law put on they in the case of Norton  versus lad the whole remainder be express so the whole remainder be adjudge to  pass vern Peiter versus bank all devise to a for life reversion to b and c  equal to be divide between they b and c be tenant in common for life only here  no particular estate in these land be before dispose of by the will the word  all the rest residue and remainder must relate to his land and not to the  estate or interest remain in they and they be to the same effect as all my  other land c hereditament be bare a word of description and will pass only a  estate for life and per Trevor chief justice in the case of Hopewell versus  ackland the word hereditament can be take to denote the measure or quantity of  the estate because it have a proper meaning and extend to annuity advowson in  gross c which be not comprise by the word land and tenement as to the word  after my just debt c the word to be sure must have such a construction put on  they that the devisees may not be loser cro Elizabeth here the mosely report  person of the devisees be not charge with the annuity and the trust may be  answer though they have only a estate for life the annuity be devise here to  the heir himself so that the reason fail which may induce the court to  consider this a estate in fee if the annuity have be to a stranger because the  reversion come to the heir by descent paramount to the will he will defeat the  annuity master of the roll I shall first consider the word hereditament Lord  coke in his first institute take notice of the three word mention in this will  and that hereditament be the most comprehensive which must be understand of  the thing that pass by it and not of the estate I be counsel in the case of  smyth and Tindal and that turn on the collateral warranty by which the heir of  Margaret be adjudge to be bind and the law be now settle in the case of  Hopewell and ackland that a fee will not pass by the word hereditament and how  can we better explain the word of a will than by the statute of will by which  any person have manor land tenement and hereditament of estate of inheritance  c may devise r how absurd will those word be if the word inheritance and  hereditament have the same sense and in the statute whereby estate tail be  forfeit for treason be the same word I shall next consider whether it appear  from any of the other word or from all together to be the intention of the  testator to give his executor a fee it appear by the case of Wheeler and  Waldron that if a man devise particular land for year and after devise the  rest and residue of his land that the reversion of the land devise for year  will pass as well as the land not before devise but there be indeed no  judgement in that case for I have occasion once to search the record there be  a special verdict and the devise be on condition that his brother convey other  land and the jury find the value of both estate and that the land devise will  be just of the same value with the land to be convey if the reversion pass  there be such a verdict in that case the Lord chief justice holt be of opinion  that a will ought not to be explain by matter dehors vern in the case of cook  versus Garard lev sand keb keep seize of Spain hall settle part thereof on his  daughter for life and after by will devise the house to his wife for a year  after his death and then devise all his land not settle or devise to Thomas  mosely report keep habendum to he and his heir it be adjudge that though this  devise be of the land not devise or settle and not of the estate not devise or  settle the reversion pass though the land itself be settle and devise before  and that the word be to be take for the residue of the estate in the land so  vern book versus book a seize in fee devise Blackacre to b for life and to c  all his land not before devise to be sell the reversion of Blackacre be well  devise to c so vern and but in these and the other case the inheritance be  express devise but in this case the question mosely report er p be not whether  any land he have before devise shall pass but what estate passes in land he  have before omit to devise and this case be no more than if he have enumerate  all his several estate and give they general to his executor and these word  all the rest c comprehend the particular only and not the estate and mean no  more as have be already well observe than all my other land here the land in  possession be to pass so that the word run only to the land and not to his  interest but it have be say that the testator show his intention to pass the  fee by give his son a annuity for life but if thirty pound a year be give to  the heir they will not disinherit he but the estate shall be express devise  away as to the word after my just debt c the word pay indeed will often pass a  fee because otherwise the devisee may be a loser and if the devise be to a  stranger it be a condition if to the heir himself a limitaton but in the  present case there be no condition or limitation but only a charge in equity  and the court will take care the executor shall not be loser by decree a sale  of the estate for their life only and I never know the rule break that a heir  be not to be disinherit but by plain word or by word of necessary implication  if a devise be for performance of such trust as can be execute without a fee  passes they will enlarge the estate but here the trust be only for daughter  which may be understand only for the life of the trustee and therefore I think  the executor have only a estate for life in Norton and lad case it be plain  the testator design to pass the whole remainder not a particular interest in  the remainder and he explain himself when he further devise it over why pay c  in a devise passes a fee     bro title estate pl title witness pl cro  Elizabeth vern Edward Bridgm sir wm Jon godb cro James Mod more Cas cro  Elizabeth a heir be not to be disinherit but by plain word or by word of  necessary implication sir though Jon lev Plowd cro James bull Ant Cas