a devise to a papist above the age of be void and if such devisee convey to a  protestant purchaser for a valuable consideration that conveyance be void also  east Geo b r Fairclaim on the demise of borlace and Newland all ibidem pl b  what estate or interest in the devisor at the time OF the devise here may  dispose OF and here concern new acquire land ejectment bring for land in ken  on the demise of Bockenham and on not guilty plead there be a special verdict  whereby the jury find that William Bockenham Esq be commander of his majesty  ship the Grafton on the d of may make his last will in write and they find it  in haec word he recite that he be then bind to sea and then go on and say I do  hereby give and bequeathe unto my well belove wife f Bockenham the lessor of  the plaintiff all such sum and sum of money which now be or shall become due  from his majesty for my own and servant wage and all such sum of money land  tenement good chattel and estate whatsoever wherewith at the time of my  decease I shall be possess of or invest with or which shall belong to I and I  do appoint her my whole and sole executrix of this my last will the jury also  find that William the testator at the time of make his will be not seize of  any land in ken but afterward by deed of lease and release date and march sir  George Wheeler and other be seize in fee of the land in the declaration  particular name convey the same to the say William Bockenham the testator and  his heir by virtue whereof he become seize they find the land be hold in  socage and be in the nature of gavelkind and devisable by the custom of ken  and some time afterward the say W b die then the devisee enter and the heir at  law enter upon her and so the question be between they whether these land do  pass and be dispose of by William Bockenham or not and by the opinion of holt  c I Powell powys and gold I the will as to these land be a void will and that  the land do not pass thereby and accord judgement be give for the defendant a  the heir at law per tot cur which be affirm on a Writ of error in the house of  lord February Bunker and cook in b r pale yellow law of devise vide the case  of Arthur and Bockenham S book p in the edition print in Rep of case in b r  tempt Ann SC in as many word with pale yellow law of devise holt Rep mich Ann  Broncker and coke SC salk SC FitzGibb a for these reason videlicet first in  regard it be a will at the time of the make dly in as much as the testator  have not power to give what he have not dly the constant manner of plead show  the necessity of the testator be seize thly a devise of land be not comparable  to a devise of a personal estate because a personal estate be alter every day  thly because a devise be repugnant to the nature of a purchase a purchase be  to the devisor and his heir and the devise be to another and her heir thly  because there be no case nor authority in law to warrant any contrary  judgement Rep tempt Ann in SC pale yellow law of devise accord