case david Philip versus Elizabeth Philip Eq Abr pl S c vern S c wms S c ante  and reference post brown parliament case bro p c and ed one devise land to  trustee and their heir in trust that the profit shall be equal divide between  Elizabeth my wife and Martha my daughter and heir of the testator during the  natural life of the say Elizabeth and after her death I give and devise the  land to my say trustee and their heir to the use of the say Martha and the  heir of her body with several remainder over and die Martha die without issue  and Elizabeth be still live by the opinion of all the justice of c b Elizabeth  and Martha be but tenant in common and Elizabeth shall have the moiety of the  profit during her life and the other moiety by the statute of fraud and  perjury take away occupancy belong to the executor or administrator of Martha  as before that statute it will have belong to the heir of Martha and of the  testator as profit undisposed of and result to he after hear of this cause my  Lord keeper order a case to be state and send to the justice of the common  plea for their opinion which be do accord and the case with their certificate  be as follow that William Phillips by his last will and testament in write do  dispose of his estate in these word videlicet I give devise and bequeathe all  my house land tenement and hereditament with their appurtenance lie in the  several county of Denbigh and flint or elsewhere in the kingdom of England to  my wellbeloved friend Samuel Powell and Roger Tennings and their heir in trust  and to the intent that the profit thereof shall be equal divide between  Elizabeth my wife and my daughter Martha Phillips for and during the natural  life of the say Elizabeth and after her death I give and devise the say house  land c to my say trustee precedent in chancery er p and their heir to the use  of the say Martha and the heir of her body for ever with several remainder  over and die and Elizabeth his wife be still live precedent in chancery the  sole question be whether Elizabeth on the death of Martha without issue ought  by survivorship implication of law or otherwise to have the whole profit  during life or only one moiety thereof and the plaintiff the other during  Elizabeth life as heir at law to the say William and Martha as profit  undisposed of and result to he and by certificate of all the judge of c b on  hear counsel Elizabeth and Martha be tenant in common during the life of  Elizabeth at Martha death her moiety belong to her executor or administrator  by the statute of fraud and perjury subscribe by all the four judge note there  have be a decree for the now defendant then plaintiff to have the whole during  life take that to be the plain intent of the testator and that decree be sign  and enrol the then defendant now plaintiff do not in that case insist upon any  title as heir and therefore bring this till upon that title and conceive  himself to be entitle to a moiety during the life of Elizabeth as a undisposed  interest she have but a moiety give her this case be much more full and  accurate state in wms it be first hear at the roll and determine to be a  jointtenancy and consequent that all survive to the mother upon appeal before  Lord summer it be hold to be a tenancy in common and that Martha estate  determine by her death the remainderman or reversioner have a right to the  moiety afterward upon a rehear Lord keeper wright hold that a estate by  implication arise to the mother in the daughter moiety after her death but the  judge of c b upon a case be make for their opinion determine the point as here  report