arton versus hare in a second deliverance between Francis arton plaintiff and  Henry hare avowant the case appear to be this William Cocksey esquire be seize  in his demesne as of fee of the manor of Wolverton in the county of Worcester  and so seize in octab mich Elizabeth levy a fine of the say manor to certain  person to the use of the say William and Alice his wife and the heir of  William until a marriage have between Martin cross and whether Wigstone and  after this marriage to the use of the say William and Alice his wife and the  heir of the body of the say William and for default of such issue to the use  of the say Martin Crofts and whether and the heir male of the body of the say  Martin upon the body of the say whether beget until the say Martin shall go  about to alien sell grant or give the say manor or any parcel thereof or to  suffer any recovery or levy any fine thereof or make any discontinuance c and  after the estate of the say Martin and whether and of the heir male of their  body to the premise by any such attempt determine and finish then to the use  of the say whether for her life and after to the use of the heir male of the  body of the say Martin upon the body of the say whether lawful beget and for  default of such issue to the use of the heir of the body of the say Martin and  for default of such issue to the use of Giles cross brother of the say Martin  and the heir male of his body until c as before and after to the use of the  heir of the body of the say Giles and for default of such issue to the use of  Edmund Crofts the three brother of the say Martin and of the heir male of his  body as be before limit to the say Giles with remainder over afterward the  marriage be have between the say Martin and Alice after which the say Martin  and Giles die without issue without any thing do by the say Martin to  determine his estate or by the say Giles to determine his estate if any have  be and it be agree by all the court that as this case be no remainder can  enure over to the say Giles without a attempt precedent by the say Martin to  determine his estate because the estate of Giles be not limit to begin but  upon such a attempt precedent and in the same manner Edmund shall have nothing  until the estate of Giles determine by some attempt make by he if the say  Giles have a estate because the estate of Edmund depend upon the attempt make  by Giles precedent to it which not be do the estate of Edmund never happen to  be and therefore he who come in under a discontinuance make by the say William  Cocksey after the death of Martin and Giles without issue notwithstanding the  remitter of the say Alice in the case be to have the land against those who  come in by the say Edmund and upon this point only judgement be give accord in  the king bench Popham er p