case burrow against Haggett a formedon in descender state that the right  descend to the demandant as brother and heir of the donee be good without  allege that the donee die without issue S C Mod S C lev hob dyer n Lutw Mod  Mod ld ray see booth on real action part of the word of a evil may be insert  in a declaration with a c as significant of the whole sentence side cro car  formedon in the deseender the defendant plead in abatement of the count and  take these exception first that the demandant declare that the right descend  to he after the death of Leonard as brother and heir to Leonard and son and  heir of the donee but do not allege that Leonard die without issue a see  Buckmeres case   Brownl a in ancient register b   Ent b raze Ent b the clause  be ebb quod the issue die without issue modern and in the annal of Edward the  four c yearbook Edward p c it be say by Catesby justice that where a man  entitle himself as heir he must show how he be heir seize contra the precedent  be on our side and the difference be betwixt a formedon in the descender and a  formedon in the remainder or reverter in the former they do not mention the  die without issue of he after who death they claim for the count there be in  effect only to set out their pedigree but in a formedon in the remainder or  reverter it be otherwise Edward old bk of Ent pl   light Mandevils case b in  the yearbook of Henry fol b our case be put in express term the exception take  to the count there by Keble be the same that be take to we here and there it  be overrule north chief justice I have look into precedent and find the count  in this case accord to they it be a plain and reasonable difference betwixt a  formedon in the descender and aformedon in the remainder or reverter nor can  the demandant be brother and heir to Leonard if Leonard have leave child c  another exception be that the demandant do not set forth that he be son and  heir of John beget on the body of jane his wife for it be a gift in special  tail modern er p but this be overrule for in the writ that be set forth and in  the declaration after the word son et heir predict John come a c which c let  the word of the writ into the count and so it be hold good the prothonotary  say that the form of count be accord and judgement be give to answer over nisi  causan c michaelmas term the twentyeighth of Charles the second in the common  plea Monday October sir Francis north Knt chief justice sir Robert Atkins Knt  sir Hugh Wyndham Knt sir William Scroggs Knt justice sir William Jones Kilt  attorneygeneral sir Francis winnington Knt solicitor general memorandum modern  Freem Mr justice Ellis be remove from his office during the Trinity vacation  sir William Scroggs one of the king sergeant be swear in his place on the  first day of this term and take his seat on the bench the Wednesday follow