case thomas against howel Trinity term will mary roll on a demise of land make  to my daughter a and her heir upon condition that she on or before her age of  twentyone do consent to marry b provide she shall refuse to marry b at or  before her age of twentyone or in the mean time shall marry any other person  the say bequest shall be void if b die without require a in marriage she shall  have the estate although she afterward marry before she be of the age of  twentyone and although the testator by a subsequent clause in his will have  declare that a shall not have the estate if she do not marry b S c Eq Abr S c  holt S c salk S c skin error to reverse a judgement for the plaintiff in  ejectment upon a special verdict find at the grand session of carmarthen the  case be thus modern er p Zachary Thomas be seize in fee c have issue three  daughter jane mary and Sarah and have several estate in three several place  videlicet Lawhorne eglis and Kiffick devise Lawhorne which be the best part of  his estate to jane and her heir upon condition that she at or before her age  of twentyone year do consent to marry Theophilus Thomas who be nephew to the  testator then be devise eglis to mary and Kiffick to Sarah in which will there  be a proviso to this effect modern provide nevertheless and my will be that in  case my daughter jane shall refuse to marry my nephew Theophilus Thomas at or  before she shall be of the age of twentyone year or in the mean time shall  marry any other person the devise to her and mary shall be void and then he  devise Lawhorne to mary his second daughter and her heir and eglis to his old  daughter jane and so to his three daughter several upon condition that they  marry the nephew then follow this clause but in case neither of my say  daughter marry my say nephew then also the estate give to they in Lawhorne  shall be void c then be devise Lawhorne to six trustee that they within nine  month after his decease shall divide it equal among his three daughter or in  such manner as the say trustee shall think fit the jury find that the testator  die seize c that jane enter upon Lawhorne that Theophilus Thomas die before he  be twelve year old and unmarried that he do not require jane in marriage that  she do not refuse to marry he but that at the age of seventeen she marry the  lessor of the plaintiff upon this verdict judgement be give below for the  plaintiff and Pemberton sergeant and Mr finch as it be say have give their  opinion that the estate of jane be determine therefore this writ of error be  bring the question be what the testator intend by this devise whether jane  shall have the estate if she be never require or refuse to marry the nephew or  whether her estate be determine if she do never marry he as she do not it be  argue that her estate be lose by marry another person and this be collect from  the different pen of the condition for jane be not to have the estate if she  refuse c or if she marry any other person then when he demise it to mary the  second sister he do not put it upon her refusal but general upon her not marry  so his meaning must be that if his two daughter contrary to his direction  shall not marry the nephew then their estate shall go to the young and if none  of they shall marry he then to be equal divide c it modern he have no more  kindness for one daughter than for the other and it appear throughout the will  that he intend only the advancement and propagation of his own name and if  that fail then the estate be to be divide e contra if this construction shall  be make of the will then the young daughter to who the least share of the  estate be intend will have the most for she will have her own part which be  never stir by the devise and a three of the other part without any default in  her sister and the case will be very hard upon the second daughter for accord  to this interpretation she must lose her estate if she do not marry the nephew  though she be never ask and never refuse neither be it the chief intent of the  testator to keep the land in his own name for then he will have give it to his  nephew in the first place upon who death the proviso be determine and all that  come after be make impossible his meaning can not be to restrain his two  daughter from marry other man if the nephew shall refuse they so that the word  which follow if she marry any other must be intend if she marry any other and  thereby make herself incapable to marry he and the rather because the next  condition be that if the second daughter do not marry he c then c but not if  she marry another suppose the nephew have marry the second daughter after the  first have give her consent to marry he the estate of the old sister will not  have be determine because there will have be no fault in her three judge for  affirm the judgement in Trinity term follow all will be to be expound accord  to the intent of the testator collect out of the word of the will now it plain  appear that the old shall have Lawhorne if there be no defect in give her  consent to marry the nephew which by the act of God be afterward make  impossible and therefore she shall not be divest of her estate be no wilful  fault or refusal in her thus it will stand upon the proviso if there modern er  p have be nothing far add in the will and as to the clause which follow that  make no alteration in this case because it refer modern to the same matter and  be in a will shall not be construe or take in a large sense than the proviso  itself and this be prove by the authority follow a man have land in three  place devise all to his son John in fee and if he die without issue then be  devise his land in ham to Henry his nephew and die John enter and make a  devise of the land and die without issue and it be adjudge cro James Yelv more  a that this be no countermand of the first devise to John quoad those land in  ham but a limitation by way of remainder to Henry so where a estate be give in  a precedent clause by will it shall not be alter by any subsequent clause in  the same will cro car b but in deed it be admit that subsequent clause which  be general shall be govern by precedent clause which be more particular roll  Abr c as if a man make a lease for year and then give a bind with condition  that if he suffer the lessee quiet to enjoy without any trouble from he or any  other person then the obligation to be void here the word suffer rule the  whole sense and though a stranger shall enter the bind be not forfeit so in  debt upon a bind Allen sand d enter into by the bailiff of a hundred with  condition to make a return of all warrant c he plead performance c and the  plaintiff reply that be sheriff process be direct to he to levy issue and that  he make a warrant to the defendant which he do not return and upon a demurrer  the replication be hold ill because he do not show that the issue be to be  levy within the hundred c for though the word in the condition be general  videlicet all warrant yet it shall be intend of such only which be to be  execute within the hundred but see the opinion of HoltChief justice SC skin e  but Gregory justice be of a contrary opinion videlicet that the judgement  below ought to be reverse because jane the old daughter have not a absolute  estate in fee but determinable by way of limitation for there be no clause in  the will that either of his daughter shall have Lawhorne but upon condition  that they marry the nephew which be a limitation of their estate and to prove  this he cite this case modern the cro Elizabeth roll Abr more Vaugh f testator  devise to his old son certain land in fee upon condition that if he do not pay  the legacy give by the will that then his young son shall have the land c and  this be adjudge a future devise to the second son and good in case of  nonpayment of the legacy and though it be void as to the old son it be no more  than what the law give he yet if it have be a good devise to he it be a  limitation of his estate and therefore if he do not pay the legacy the second  son will have it the judgement be affirm hilary term the three of William and  mary in the king and queen bench sir John holt Knt chief justice sir William  dolben Knt sir William Gregory Knt sir Giles eyres Knt justice sir George  Treby Knt attorneygeneral sir John summer Knt solicitor general