case anonymous by what word in a will the executor may have a authority only  without a interest in the thing devise vern vern Prec Ch ld ray Mod Mod Mod  Mod pale yellow e r comens stram stram Peer wms Peer wms Peer wms dougl term  Rep brown c c a writ of error be bring to reverse a judgement in the common  plea in a ejectment for land in the county of Essex a special verdict be find  that r f be seize in fee of the land in question that he have issue two  daughter Frances and jane that his daughter Frances bad issue a son Philip and  two daughter Frances and whether that r f the father devise to Philip Frances  and whether the child of his daughter Frances and to jane his other daughter  the rend and profit of his manor of Spain for thirty year to hold by equal  part videlicet the three grandchild to have one moiety and his daughter jane  the other moiety and if it happen that either of they shall die before the  thirty year expire then the say term shall be for the benefit of the survivor  and if they all die then the same be devise over to other relation afterward  he make a codicil in these word I give power and authority to my executor to  let my whole land for the term of thirty year for the benefit and behalf of my  child whether one of the grandchild die without issue Frances another of the  grandchild die but leave issue the first question be whether the power give to  the executor by the codicil will take away that interest which be vest in the  grandchild by the will modern Mr Appleton argue that it will not because the  executor have only a bare authority to let it or improve it for the benefit of  the child there be no devise of the land to they if power be give to executor  to sell land it be only a authority and not a interest in they but a bare  authority only to let be of much less importance the second question after the  testator have devise the profit of these land to his grandchild and daughter  equal to be divide during the term and have provide that if any die without  issue that then it shall survive and if all die then to remain over to  collateral relation c whether Frances be dead but leave issue her interest  shall survive to Philip or go to such her issue Mr Appleton as to that hold  that the testator make they tenant in common by equal part and therefore he  devise it by moieties in which there can be no survivorship it be like a  devise to the wife for life and after her decease to his three daughter equal  to be divide and if any of they die before the other then the survivor to be  her heir equal to be divide and if they all die without issue then to other c  the daughter have a estate tail and there be no survivorship king v rumball  cro James S c roll Abr roll Abr   Bac Abr see the case of Armstrong v Eldridge  brown case in Chan a so in this case it shall never go to the three grandchild  as long as any issue of the second be live on the other side it be argue that  they be jointtenants and not tenant in common for the testator have devise one  moiety to his three grandchild joint by equal part that will make they  jointtenants dyer cro Elizabeth roll Rep Yelv stram atk and see the case of  Tuckerman v jefferies Mod holt b but the court be all of opinion that the word  in the will show they to be tenant in common for equal to be divide run to the  moieties so the judgement be affirm modern er p