BROMELEY recorder of London against bennet a levy a fine to himself and wife  for life remainder to his own right heir with grant and render to he alone for  life remainder to b for life remainder to all be right heir the render by the  wife shall not defeat her life interest and the remainder to his own right  heir be void the ancient reversion be in he a fine be levy to husband and wife  and to the heir of the husband the husband be sole seize before and they grant  and render back by the same fine the tenement to the conusor for the term of  the life of the husband remainder to a stranger for the term of his life  remainder over to the right heir of the husband the husband die he in  remainderfor life die live the wife whether the wife or the right heir of the  husband shall have the land be the question in the court of ware and also in b  r in a ejection strong between Bromeley and Bennet and by the opinion of the  court of ware the wife during her life shall have the tenement for her  interest be not go by join in the grant and render with her husband unless the  remainder be good as a remainder to the right heir of the husband but here it  seem the remainder be in the husband and his heir as a reversion and not a  remainder because the husband seize of a estate in fee can not limit the  feesimple to his own right heir by way of remainder where it be never out of  his person wherefore c yet the case be argue in b r m of the present queen at  bar and bench and by the opinion of three judge there S Carus Southcot and  Whiddon this remainder shall be in the right heir of the husband as a purchase  and not as a reversion by descent but Catlyne chief justice e contra and  judgement be give in the same teen by the aforesaid three justice against the  will and opinion of the say chief justice and against the opinion of dyer and  sander chief baron and afterward it be put in the arbitration of the say James  dyer and Gerrard attorneygeneral who settle the dispute and Bromeley redeem  the title for money see east e a fine levy to the husband come Ceo and ill sa  feme out c and they grant and render to the conusor the land to hold for the  term of the life of the husband dyer a er p and wife and after their decease  the remainder to the heir of the husband and the fine be not receive for a man  can entail a remainder to his heir during his own life if it do not begin  first in himself and this by reason of the reversion save iota ken in a action  on the d branch of the first section of Liz p m c the place where the distress  be take be not material though it be on the saint branch where the distance be  the offence in a action upon the statute p m c for the division of a entire  distress take at one time in diverse several pound whereby the owner be drive  dyer to several replevins which be the second branch of the statute it be move  upon evidence to the jury in the bench whether the place where the distress be  take be material or not and dyer and Welsh think not any more than in trespass  for good carry away c but brown and Weston e contra therefore locate well but  Catlyne and sander afterward agree to the first opinion but clear if the  action have be bring upon the first branch of the statute then the place be  material for by all the distance of the place make the offence