case gawen against RAMTES Michaelmas term pound Elizabeth roll the grantee of  a rentcharge pur auter vie may distrain for arrear due during the life of  beneficiary and vie but such a estate be not devisable by the statute of will  more sand     light b replevin upon demurrer the case be that one knowls seize  of land in fee grant a rentcharge to James Huish and his heir for the life of  one Hildersham James Huish devise that rend to William Huish the rend be  arrear and Hildersham die and for the rend arrear in the life of Hildersham  the defendant make conusance as bailiff of William Huish all which be disclose  by plead it be demurrer in law the first question be whether the grantee of  this rend have such a estate as that he can make a devise thereof by the Henry  c a croak Elizabeth second whether this distress he maintainable by the Henry  c to the second all the justice agree that this distress be maintainable by  the say statute because the estate in the rend be determine and the rend be  due before and it be within the intent of the statute although it be not rend  for his own or another life but quasi a fee but as to the first gawdy and  Fenner hold that it be devisable by the Henry c for the devisor have a fee  therein although not a absolute yet a base fee for this estate be descendible  to the heir although the heir upon such descent of the land shall not have his  age nor be it such a descent as shall toll the entry of he who have right nor  that the feme of such a grantee shall have dower yet the grantee have such a  estate which be dispos able by he whereof if he dispose not the heir be to  have it quasi by descent but not by descent but by limitation and as Edward  title devise be that at the commonlaw where land be devisable by custom he who  have such a estate may devise it a much strong now et in Elizabeth a dyer it  be allow to he devisable wherefore c Popham and Clenih contra for the Henry c  expound the statute of Henry c and show the intent of the word that he who  have a fee may devise it to he mean of a feesimple and that it shall not he  expound to extend to a feetail and therefore much less to extend to a estate  which be vur auter vie croak Elizabeth er p but peradventure a feesimple  derive out of a estate for life be well devisable as where tenant for life  grant a rend to one and his heir or if rend he reserve upon a estate for life  and be grant over such rend it may he may he devisable for such a grantee have  a fee but when in the same deed although the heir shall have it by limitation  it be that a estate pur auter vie be grant the statute do not intend that such  a rend shall he devisable and the case of Henry may be law for the custom be  there general that every one seize of land may devise but so be not the  statute and Popham say that this case have be put to the justice at  sergeantsinn in fleet street and many of they be of opinion that it be not  devisable et adjournatur see car c S Geo c S Powel on devise and note a post