case Diana savage and other appellant sir William humble and OthersRespondents  that march a by will devise a chattel estate to his executor that out of the  profit his daughter shall receive the interest of pound and that the principal  shall be raise out of the surplus profit the executor mortgage this estate for  pound hold that the pound and interest shall be first raise vern viner vol p  can can vol p can John bill be entitle to a moiety of the king printingoffice  make his will and thereby charge the same together with certain land call  Dovers with the payment of his debt and legacy he then express devise to his  executor all his right to the printingoffice and all benefit come therefrom  and will that out of the profit of the printingoffice and his land his  executor shall inter alian pay the interest of pound to his daughter savage  and her husband and out of the overplus of those profit shall raise the pound  and put it out at interest and he make Charles Garrett sole executor until his  son Charles bill shall attain and then be appoint both of they his executor  Garrett the executor prove the will and undertake the trust but his management  be afterward disapprove of the appellant and her husband together with Charles  bill exhibit a bill in chancery against Garrett for a account of the testors  estate and to have the trust transfer on the that of December the cause be  hear and a account decree but it be apprehend that the take of the account  before a master will be tedious and expensive the party settle and adjust the  account among themselves on which occasion certain article be execute to  secure what be due to Garrett the executor and soon afterward another bill be  exhibit against he by savage and his wife Charles bill sergeant Hempson and  the widow of the testator to have the article carry into execution and the  trust transfer this second cause be hear on the that of July when the article  be decree to be perform and by consent the defendant Garrett be decree to  transfer the trust in December follow dr brown advance pound and for secure  the repayment of it with interest Garrett sergeant Hempson and Charles bill  join in a mortgage of the printingoffice and the land call Dovers and in march  sir William humble the respondent father advance pound to pay off dr brown his  principal and interest and for other purpose and thereupon Charles bill  together with Garrett the executor brown and dr brown execute to sir William a  assignment of dr brown mortgage in November sir William humble file his bill  against Garrett the executor and Charles bill to compel they to redeem or be  foreclose and on the that of January the cause be hear when the respondent who  upon the death of his father have revive the suit be decree to be pay his  pound principal money with interest and cost but pen these transaction the  appellant mrs savage and her husband have by contrivance with the printer  obtain a decree of the court of chancery to have her pound raise and the  interest pay to her so that when the respondent expect to have the fruit of  his decree he be tell by the printer that mrs savage have obtain a decree  against they and that they be bind to pay her whereupon the respondent bring a  new bill against all the party for the purpose of carry his former decree into  execution and on the that of October he obtain a decree for payment of his  debt with interest and cost from this last decree and also from the decree of  the that of July the present appeal be bring and on the behalf of the  appellant it be insist S Cowper that Garrett the executor have apply part of  the money he receive to his own use and not in discharge of his executorship  and that the respondent father who lend the money be oblige to see to the  application of it that as to the decree brown er p and article which allow  Garretts account the appellant or her husband know nothing of they nor be  privy to or ever hear of any such decree or article and that if the respondent  shall be first pay the appellant will lose her legacy which be all she have  but to this it be answer c Cox that the printingoffice be only a term for year  vest in the executor who be entitle not only as executor but also by the  express devise of the will that therefore he have certain power to sell and  dispose of the testator estate in order to pay his debt and legacy and if he  have not so apply the money he alone be answerable to the creditor and legatee  but the mortgagee who advance his money on the mortgage of a chattel real be  no way concern to see to the application of the money beside when the  respondent father advance the money he find the account of Garrett the  executor settle and adjust and a agreement to pay he off confirm by a decree  and that the appellant and her husband be not only party to the agreement but  likewise to the decree so that it be not now in her power to say the executor  do amiss when she and her husband have confirm what he have do and to turn it  to the prejudice of a innocent purchaser who have honest advance his money  that if the appellant be not satisfy it be her own fault for by her vexatious  conduct the respondent debt be great increase the whole of the interest be in  arrear and the profit of the office in the meantime embezzle and if she shall  be let in preferable to the respondent brown it will alter the office of a  executor and the respondent must lose the great part of his debt after hear  counsel on this appeal it be order and adjudge that so much of the decree of  the that of October as any way tend to the prejudice of the appellant or  Samuel shepherd and Ann brook or their demand shall be reverse and also that  the decree of the that of July car two and the proceed in that cause so far as  they tend to the prejudice of the appellant Diana savage or Samuel shepherd  and Ann brook shall be discharge set aside and reverse and that the money in  the hand of sir John hoskyns late one of the master of the court of chancery  as also what be and shall be in the printer hand shall be apply to discharge  the arrear of interest and the grow interest of the pound and that the same  pound as it can from time to time be raise out of the profit of the say office  shall be place out at interest for the advantage of the several person  interest therein and that the court of chancery shall give direction accord  jour vol p coal v Rexawlinson BRexOWN PC er report date case richard coal  plaintiff daniel Rawlinson defendant in error that December Mews dig xv a  message call the bell tavern be settle upon a for life remainder to b in tail  remainder to a in fee a devise all his right title and interest in this house  to b who be her son but without add any word of inheritance hold that by this  devise the fee passes for if he take no more by the will than a estate for  life he have real nothing give he because he have more than a estate for life  in it before salk viner vol p can p can on the trial of a ejectment the jury  find a special verdict to the follow effect that John Billingsle be possess of  a long term for year in a toss or piece of ground in nicholaslane London upon  which stand part of a house call the bell tavern and be also seize in fee of  the other part of the same house intermarry with Hannah Dix the widow and  relict of Robert Dix by who she have three son then live namely Robert Thomas  and Christopher Dix that after such marriage and after a son bear name John by  indenture of lease and release date the that and that of September make  between the say John brown er p Billingsle the elder and Hannah his wife of  the one part and certain trustee of the other part the say John Billingsle in  consideration of pound which he have receive with his say wife do grant and  convey to the say trustee and their heir the call message call the bell tavern  with the appurtenance and all the toss or piece of ground lie behind the say  tavern and then late build upon by the say John Billingsle and the building  thereon erect and then lie to and use with the say tavern and all the estate  and interest of he the say John Billingsle in brown and to the same to hold to  the say trustee and their heir to the use follow to the use of the say John  Billingsle for the term of his life and then to the use of the say Hannah his  wife for the term of her life and then to the use of John Billingsle their son  in tail and then to the use of every other son of that marriage successive in  tail and for want of such issue to the use of all the daughter of that  marriage in tail and for default of such issue to the use of the right heir of  the say Hannah Billingsle for ever that John Billingsle the father die leave  his wife Hannah and the say John their son and only child survive whereupon  Hannah become seize of the freehold part of the say tavern for life with  remainder to the say John the son in tail and the reversion in fee be in the  say Hannah that Hannah by her last will in write date the that of April devise  inter alian as follow videlicet I give ratify and confirm unto my son John  Billingsle all my right title and interest which I now have and all such term  and term of year as now be or at any time after may happen to be in my power  to dispose of after my own decease in whatsoever I hold by lease either from  Mr John Greenwade or from the parishioner of saint mile crookedlane London or  from the master warden and commonalty of ironmonger and also the house call  the bell tavern in nicholaslane together with a piece of ground near thereunto  and the stable thereon build adjoin to the say bell tavern and therewith use  and I give unto my say son John the house call or know by the name or sign of  the three crown situate next to the say bell tavern together with the lease  thereof and all my right interest and term of year of in and to the same in  case he shall attain his age of oneandtwenty year and not otherwise the the  say John Billingsle pay the groundrent of the say several message and premise  and save harmless my executor therefrom and if he shall happen to die or  depart this life before he shall attain his say age I give and bequeathe the  say message or tenement with the appurtenance to my son Christopher Dix his  executor and administrator and in the mean time the profit thereof shall go to  such person or person to who the same house with the appurtenance shall come  by virtue of this my will and afterward in the same will the say testatrix  bequeathe as follow videlicet and all other my real and personal estate not  hereby by I before dispose of I give and devise the same unto my say son  Robert Dix Thomas Dix and Christopher Dix their executor and administrator  that Hannah some time after die and John Billingsle the son survive her who  enter and be seize in tail as aforesaid and live to attain his age of but  afterward die a bachelor without have destroy his estate tail or make any  disposition of the say house brown that Robert Dix be the son and heir of  Hannah by her first husband and Thomas and Christopher be two other of her son  by that husband and that Elizabeth the wife of Daniel Rawlinson be the cousin  and heir at law of the say John Billingsle the son the question upon this  verdict be whether upon the word of hannah will the devise of the house call  the bell tavern be sufficient in law to convey to John the inheritance of that  part of the tavern whereof she have the reversion in feesimple expectant upon  John estate tail if not then that part will either go to the son of Hannah by  her first husband under the devise of all other her real and personal estate  or else it will descend to Robert Dix as her old son and heir at law in either  of which case the right be with the plaintiff and judgement ought to be give  for he accord but if the devise of the house call the bell tavern to John  Billingsle the son be sufficient to carry he the inheritance and feesimple of  the reversion expectant on his estate tail then the same will descend to the  defendant rawlinson wife as his heir at law brown er p this question be first  argue in the queen bench where judgement be give for the defendant against the  opinion of the Lord chief justice holt and afterward upon a writ of error in  the exchequer Chamber where the judgement be affirm against the opinion of the  Lord chief justice Trevor the plaintiff thereupon bring a writ of error in  parliament and in support of his title as lessee of Robert Thomas and  Christopher Dix the two follow objection be endeavour S Harcourt saint I  Broderick to be obviate saint that the devise of the bell tavern stand connect  with the clause which immediate precede it and that the testatrix have thereby  give her right title and interest in several leasehold estate to her son John  and if those word shall be consider as tack to the bell tavern the clause be  so construe may pass the reversion in feesimple to John without add the word  heir to this it be answer that the clause immediate precede relate only to the  leasehold estate and there be no colour for connect any part of it with the  devise of the bell tavern which be a separate and independent clause that such  a construction be contrary to the plain and grammatical sense of the word  themselves for the word of and in be omit in the disposition of the bell  tavern and that it be a very harsh exposition of a will to turn a paragraph  into nonsense on purpose to avoid the plain and natural signification of the  word and in prejudice to a heir at law d that unless such construction be put  upon the will the devise of the bell tavern will have no operation for John  Billingsle the son have a estate tail therein before to give he a estate for  his life only be of no avail and will be a bequest total fruitless brown and  to this it be answer that to pass land by a will there must be sufficient word  in write to dispose of the estate without regard thing foreign to the will  itself for if there be not word the estate remain undevised and be leave to  the disposition of law now it be plain that by the strict letter of the will a  estate for life only pass to John Billingsle the son by the devise to he of  the bell tavern and this devise be not whole useless and ineffectual since if  there be any slip or defect in the former settlement it will operate as a  confirmation of this estate during his life and so bind the heir at law of the  testatrix from controvert his title and it be likewise to be consider that  this bequest do operate upon the leasehold part of the bell tavern and so may  have its full effect that way but however there be no word in the clause  devise the bell tavern which in common construction of law upon a will can  pass a great estate than for life and it be a establish rule in law that a  heir shall not be disinherit by a will without express word show a intent to  pass the whole inheritance it be humble conceive the plaintiff have a good  title and that judgement ought to have be give for he in the court below on  the other side it be insist t Parker I ware that John Billingsle the son take  a feesimple by the will because Hannah have give he all her right and title in  the bell tavern which be a fee and it be very harsh to say that she give he  this house during his life only when she herself have nothing to do with it  till after his death that by her devise it to he she certain intend he  something by that devise but if he take no more by the will than a estate for  life he have real nothing give he because he have more than a estate for life  videlicet a estate tail in it before and therefore it be hope that the two  judgement already give will be affirm with cost and not be overthrow by a  exposition which be mean only to make a express and positive devise of the  house in question to have no effect and signify nothing at all and accord  after hear counsel on this writ of error it be order and adjudge that the  judgement give in the court of queen bench and the affirmance thereof in the  exchequer Chamber shall be affirm and that the record shall be remit to the  end execution may he have thereupon as if no such writ of error have be bring  into the house jour vol p brown er p