cclxxv HUMPHRESTONS case in a ejection strong it be find by special verdict  that W Humphreston seize of the manor of Humphreston suffer a common recovery  to he have thereof by Kinnersley and Fowk in the writ of entry in the post to  the intent that they shall make a estate to the say W Humphreston and Elionar  his wife for their life the remainder older man pveri speech W and to the heir  of the body speech older man pveri legitime procreate the remainder to the  heir of the body of the say W Humphreston with diverse remainder over and  afterward the recoverer in December follow by indenture make a estate accord  and make livery to W Humphreston and his wife and afterward in November e by  indenture between the say W Humphreston of the one party and Kinnersley on the  other part the say W Humphreston do covenant with the say Kinnersley to do all  such lawful and reasonable thing for to assure the say land unto the use of  the say W Humphreston and Elionar his wife for their life and afterward to the  use of the old child of the body of the say W Humphreston lawful beget and to  the heir of the body of the say old child of the body of the say W Humphreston  and after to diverse other use over and afterward to pasch e W Humphreston and  Elionar his wife levy a fine of the say land to c and b in fee to the use of  the Leonard er p say indenture Elionar die W Humphreston marry another wife  and have issue a daughter name Frances and afterward have issue a son name  William and die William the son be of the age of six year enter into the land  and lease the same to the plaintiff for year who be eject by the defendant  bring the ejection strong and this special verdict and the point move upon it  be argue by Atkins Phetiplace Fenner Fleetwood Plowden and Bromley and  afterward this case be argue by the justice and gawdy puisne justice conceive  that judgement ought to be give for the plaintiff first he conceive that this  lease for year make by the infant without deed and without rend reserve be not  void so as every stranger shall take advantage of it but only voidable for a  infant may make a bind and a contract for his commodity and profit and the  same shall bind he as for his meat and drink apparel c but Leonard if upon  such lease he have reserve a small rend as one penny where the land be worth  per and such a lease have be void and in our case this lease be make upon the  land and be make for to try the title to it which be a good consideration and  to the profit of the infant and for his advancement and then the lease be not  void it have be object that here the recovery be suffer to the intent that the  recoverer shall make a estate ut above c that the use shall rise present upon  the recovery to himwho suffer the recovery and then the recoverer can not make  livery unto he he hold strong that the use and the possession shall be adjudge  in the recoverer until they make the estate c for they otherwise can not make  the estate c and these word to the intent shall be construe that they shall  have the land until they make the estate c and he hold that the remainder  limit older man pvero where there be not any in a thing naturan be good enough  as a remainder limit to he who shall first come to Paul and he conceive that  the son shall take this remainder and not the daughter and he conceive that  the estate tail here be not execute Le the second entail diverse author of  grammar have be produce to prove that puer may be take both way tam puer how  pvellam Deporterius Calapine Melancthon and the grammar allow but I conceive  that puer be a word proper for a boy and pvellam for a maid and where we have  proper word we ought not to judge but accord to they and because the word be  doubtful we ought to consider the cause upon the circumstance and therefore it  be to be intend that W Humphreston have a great desire that his son shall have  his inheritance than his daughter if there be not some special matter to prove  that the intent of the father be for his daughter Southcote justice agree with  gawdy in the first point and also that the recoverer have convenient time to  make the estate and that they be to make the same without request for the  benefit of the wife who be a stranger to it and be to have the land for her  jointure and he cite the case of the abbot of York e and where the difference  be take between a feoff make upon condition to reenfeoff the feoff or to feoff  a stranger and here in our case the feoff be make in convenient time and here  be sufficient consideration that the recoverer shall be seize to their own use  until c and these word rea intention shall be take for a condition and also  that this remainder limit older man pvero be good notwithstanding that there  be not any senior puer alive at the time and as to the word puer he hold that  it do extend to both sex indifferent and because it be doubtful what sex the  father intend we be to construe the same upon the circumstance which appear  upon the part of the indenture and here it appear upon the indenture that he  have explain his mind sure old child be it male or female as if I have two son  name I and I devise my land or limit a remainder to I my son the law shall  construe this devise to extend to my young son for without devise or  limitation my old son shall have it but if I S have two son know by the name  of a and I devise land to a son of I S there I ought to explain my meaning  open and be conceive that the estate tail be execute defeasiable in W  Humphreston upon issue afterward have and that the daughter shall have the  land and not the son and if the fine destroy the remainder in abeyance limit  to the old child then the say old child shall have it de to make new by the  late conveyance and as to the warranty of the fine because the possession of  the conusees be remove by the statute of h to the daughter she shall not lave  the benefit of the warrant as to vouch but she shall rebutt as ass Leonard er  p where a feoff in fee be make to my villain with warranty Leonard and before  that the feoff die I enter upon my villain so as the warranty upon the death  of the warrantor be not attach upon the possession of my villain I shall not  have advantage of that warranty a seize make a feoff in fee upon condition the  disseizee releaseth the feoff with warranty the seize enter for the condition  break now the seize shall rebutt by that warranty but not vouch and here in  our case the fine be a discontinuance so as the son be put to his action if he  have right and then the warranty shall bind he but contra if his entry be  lawful and as to the lease make by the infant he conceive that it be make  without rend it be mere void for it be without consideration Wray chief  justice as to the first point he be of opinion that the recoverer shall be  seize to their own use until they make the estate for that be the use imply  for all use be direct and rule by the intent imply or express of he to who the  land be and his intent be that such estate shall be make and to such purpose  the recovery be suffer as if I feoff a unto the use of b for his life there it  be imply that b shall be seize of the fee to my use I covenant that I S shall  take the profit of my land for his life this be a good use of the land for his  life and be hold that the recoverors shall be seize to their own use until c  and the recoverer ought to make the estate within convenient time or otherwise  the use shall be revested again in he who suffer the recovery and here the  estate be make within convenient time and he say that in every case where a  remainder be limit in abeyance to one by a proper name the same be not good  but by a general name it be good enough if the party be in be when the  remainder fall as a remainder limit upon a estate for life unto the first son  or daughter of I S where I S at the time have not any son or daughter the same  be good if such person shall be in be at the time of the death of the tenant  for life e a remainder limit son primo to produce c and e Fitzherbert tail  land give to I S et of or belonging to a wife how primo marriage to lead in  wife and afterward he take a wife she shall take by the same conveyance and as  to the warranty this fine with warranty be levy to c and b unto the use of  himself far life the remainder to the use of the old child c and he intend  that the daughter shall not have the benefit of this warranty for by the  statute the possession be remove and transfer in the post before the warranty  can attach and therefore the same shall not bind the son neither by voucher  nor by rebutter but tenant by the courtesy shall have benefit of the warranty  for although he be in the post yet he continue the estate which be make to the  wife and as to the point in question we ought to consider that the statute of  h of use be that beneficiary and use shall have the land in such plight as he  have the use which be without warranty and therefore it shall be transfer into  possession without warranty as to the lease make by the infant without rend  profit or other recompense he conceive the same to be utter void as if be  grant a rend or a advowson he may say that he do not grant c for the thing  include in the deed do not pass although he deliver the deed of grant with his  own hand two jointtenants within age one make a lease of year and die the  other shall avoid it for the lease be utter void of which every stranger may  take advantage but of act voidable it be otherwise as two infant jointtenants  the one leas for life and make livery in person and die the other shall not  avoid it two jointtenants the one make a feoff upon condition and die the  other shall not take benefit of the condition but here the lease be mere void  of which every stranger shall take advantage and therefore upon this point the  plaintiff shall be bar and also he be of opinion that Leonard this remainder  in abeyance limit older man pvero be not destroy by the fine for it be in the  consideration of the law and so preserve by the law and therefore a descent in  the time of vacation of a abbot shall not bind the successor and so where the  party be beyond the sea for such person and their estate the law privilege and  preserve so a remainder limit to the right heir of I S and where the king  seize by reason of a ware and during such seize of the king a descent be cast  the same shall not bind he who have right for he can not enter upon the  possession of the king and by the statute of h a recovery have against tenant  for life the remainder unto the right heir of I S who be alive at the time of  the recovery be not help by the statute of h for the word of the Leonard er p  statute be to who the reversion or remainder shall then appertain see r  Fitzherbert detin and so he conclude because that this remainder be in the  custody of the law and not in be it be privilege and preserve and not destroy  by the fine and upon issue have the remainder shall be execute notwithstanding  the say act do by the father and without any entry to be make by the conusees  to raise the use for the remainder limit older man pvero neither be nor can be  discontinue as to the principal point of the case videlicet how these word  older man pvero shall be expound although diverse authority have be cite out  of Latin author that this word puer shall be take for the male or female yet I  conceive that more common it shall be take for the male than for the female  and we ought to judge accord to the intent of the party and not accord to the  strict signification of the word in Latin especial where it be doubtful how it  shall be expound h a be bind in a bind upon condition to pay ten libras ear  puri although there be not any such phrase in Latin yet because it appear so  to be the meaning of the obligee to have fine gold it be so take h and the  word uterque id be who pro part svan see the book so it be late adjudge in the  court of commonplea where three be bind et the dawn uterque which be construe  to be who for we ought always in construction of deed to have regard to the  meaning of the party and not to argue the aptness of the Latin word and I  conceive that if a lease be make for life the remainder pvero of I S who have  a son and a daughter the son shall have the land c for the most worthy shall  be prefer and therefore if a freeman marry a niefe she be enfranchise for ever  accord to the opinion of Fitzherbert which I hold to be good law for the  husband be the more worthy so if the lease for life be make to I S the  remainder to the right heir of a b who have issue three daughter and die the  old shall have the remainder and not the other with her because she be the  more worthy and so a remainder upon a estate for life of land in gavelkind  limit to the right heir of I S who have issue two son the old shall have it so  here in the principal case puer shall be expound son because be be the more  worthy but here be other circumstance which give occasion of another  construction for this doubtful word puer be explain by the English indenture  which the father W Humphreston cause to be make unto the use of the old child  which be a good exposition of the former conveyance and I be of opinion that  the same ought to be mean of the daughter for so soon as she be bear the  remainder vest in her and by the birth of the son after shall not be divest  land be lease to a for life the remainder to t son of a who have two son of  the same name the old shall have it because the more worthy but if afterward  the donor declare his meaning to the contrary the same shall stand c and  afterward judgement be give against the plaintiff and that the daughter shall  have the land more Anders dyer Owen sty roll roll