case Hodgkinson against wood Trinity term James roll if a man devise land to a  and his heir and afterward lease such land to a stranger for year to commence  after his death this be no revocation of the devise of the inheritance except  only during the term see the beginning of this case cro James roll ab Chan can  pale yellow Dev Atkins can Ch vern vern Com dig Powel on devise dougl croak  car er p by a devise to the old son and the heir male of his body remainder to  the heir male of the devisor and his heir of his body a son of the devisor by  a second venture shall take the remainder   light b   a cro roll post hob dyer  cro Elizabeth Leon Mod Mod vent vern Eq Cas Cowp see dougl term Rep term Rep  ejectment of a lease of William Roger for land in W in the county of Salop  upon not guilty plead a special verdict be find that Thomas Roger be seize of  the land in fee hold in soccage and have issue by several venture Francis his  old son and William his second son and devise the land in question to Francis  his son for life and after to the use of the heir male of his body and for  default of such issue to the heir male of William Roger and the heir male of  their body for ever and for default of such issue to the use of his own right  heir and afterward make a lease for thirty year to William his son to begin  after his death and die without other alteration of his will William enter and  surrender his lease of thirty year to Francis who enter and let we that land  to the defendant for year yet endure and afterward Francis die without issue  William enter as heir male of the body and make this lease to the plaintiff  two question be hereupon make first whether this lease make to William for  thirty year begin after the death of the devisor and so be to begin at the  same time that the devise of the inheritance shall take effect be a  countermand and revocation of that devise total or only quoad the term and  shall stand as to the inheritance a and as to that point all the justice  resolve it be not any revocation of the inheritance but only for the term for  they both may stand together and there shall not be any revocation unless it  be express that the intent of the testator be change or that they can stand  together and here it may well stand with the inheritance and for that point be  cite the case of coke v bullock b where one croak car devise land to his  sister in fee and afterward make a lease for sixty year unto her of the same  land to begin after his decease and deliver it to a stranger to the use of his  sister which stranger do not deliver it unto her in the life of the testator  but afterward and she refuse and claim the inheritance it be resolve because  the devise and the lease make to one and the same person beginning at the same  time can stand together in one and the same person that it be a countermand of  the devise but there they all agree except Warberton justice that if the lease  have be make to any other than the devisee they may stand together and the  lease shall not have be a revocation of the will as to the inheritance but  only during the term another case be cite of coward v martial a where one  devise land by his will in write to one of his young son in fee and after by  another clause in the same will devise the same land to his wife for life  render annual to his say young son twenty shilling it be resolve that both  these devise may stand and that one be not a revocation of the other but  Yelverton justice cite a case b adjudge tin the king bench where one devise to  one in fee and afterward make a feoff to the use of his wife for life  remainder to his right heir so as it be quasi the ancient reversion yet  because he depart with all the estate it shall be a revocation of the devise  in all and shall not be good without a new publication wherefore they all  resolve that in this case there be not any revocation of the inheritance and  appoint there shall be no more argument at the bar as to that point a by car c  No devise of land c shall be revocable but by some write declare the same or  by destroy the will and no will of any personal estate shall be alter by word  of mouth unless put into write in the testator life and execute as the Act  direct b cro James Godolph a cro Elizabeth cro James b roll ab croak car er p  second whether this devise to Francis and to the heir male of his body and for  default of such issue to the heir male of the devisor and the heir of their  body and for default of such issue to the right heir of the devisor be a  limitation in tail to the heir male of the body of the devisor so that William  may claim by this limitation a estate in tail as by purchase or whether it  vest in Francis only as be heir male to the devisor and not by purchase or if  the inheritance in feesimple vest in he for then his lease for year be execute  out of the fee estate and William not claim as right heir be then bind by that  lease make by Francis?And of this point be more doubt conceive wherefore they  order it shall be argue the next term and afterward in Hilary term it be move  again and adjudge for the plaintiff