case smith against tindal a devise of all my land tenement and hereditament to  my wife and her assign reserve so much ayear to be distribute to the poor of  the parish for ever passes a estate in fee by reason of the perpetual charge  and not by operation of the word hereditament S c post S c salk S c holt S c  Eq ab wield sergeant the question arise upon a devise to one of all his land  and hereditament it be true the intent of the party shall be support if  possible as John a style shall be my heir this carry a plain intent that the  devisee shall stand in loco of the heir so a devise to one for ever and this  be agreeable to the law for a release of all his estate will extinguish the  right the word hereditament be a common word and it be here accompany with  other word it be a word frequent insert in conveyance even in a lease for year  nay it be so common put into lease that people scarce think it safe without it  now the intent of the devisor do nowhere appear to carry the interest nor will  this word bear such a construction it be true the word inheritance imply the  interest but the word hereditament be the thing itself videlicet the land a  spelman glossary a the word hereditament signify not only what a man have by  descent but also what he have by purchase if a man have only a estate for life  if he give all his hereditament for year why this will pass b Wedlake v  Harding hob S c more brown v wait vent b if a tenant for life of land levy a  fine with warranty the warranty descend upon he in reversion a see same case  post salk holt a nobody will say but if tenant for life levy a fine he in  reversion may have enter for the forfeiture where a warranty extinguish modern  report er p a right a release of that warranty will set it up again the plead  a rebutter modern report show it do not give a right for the conclusion be not  judgement si action but be by estoppel b Fitzherbert Abr law b if a man  covenant to make further conveyance a man be not bind to convey with warranty  because it be no conveyance but only a bar c Malcott v den roll Rep Lascelles  v Chatterton raym c No doubt a warranty so long as it accompany the land be a  good defence Mr Gilbert as to the objection arise from the word hereditament  be mingle with other word land and tenement the court will not intend when  people be convey their right that word be use for tautology d roll Abr d the  statute of limitation can be give in evidence where the mouse be join upon the  mere right holt chief justice the word hereditament signify the land in which  I have a estate of inheritance if a man lease all his hereditament in d this  will carry all whereof he have a inheritance and all freehold c e it be now  settle that the word hereditament will not pass a fee Hopewell v ackland salk  Canning v Canning Moseley palmer v Richard term Rep more v miller term Rep e  Powell justice hereditament describe the thing of which a estate of  inheritance may be and carry that which land or tenement will not do c as  common c and the plead be quod proclaim ut law et hereditament suum f see  brown v Wiatt vent f he say that he do not go upon the word hereditament but  the word interest in this case be say the perpetual charge go a great way to  carry a fee g see Baddelly v Leppingwell burr Frogmorton v holiday burr do v  Richard term Rep Goodright v Stocker term Rep more v miller term Rep g and the  personal estate will not be liable but the charge shall rise out of the land  which be permanent