CCCLXXXIII JENNOR and hardies case devise the case be land be devise to one  Edith for life upon condition that she shall not marry and if she die or marry  that then the land shall remain to a in tail and if a die without issue of his  body in the life of Edith that then the land shall remain to the say Edith to  dispose thereof at her pleasure and if the say a do survive the say Edith that  then the land shall be divide betwixt the sister of the devisor a die without  issue live Edith Shutleworth sergeant Edith have but for life and yet be grant  that if land be devise to one to dispose at his will and pleasure without more  say that the devisee have a feesimple but otherwise it be when those word be  qualify and restrain by special limitation as h a man devise that king shall  have his land in continuous during his life he have but a estate for life for  the word during his life do abridge the interest give before and Elizabeth one  devise land to another for life to dispose at his will and pleasure he have  but a estate for life and these word if a die without issue in the life of  Edith that then the land shall remain to Edith to dispose at her pleasure  shall not be construe to give to Edith a feesimple but to discharge the  particular estate of the danger penalty and loss which after may come by her  marriage so as now it be in ei liberty and also he say that by the limitation  of the latter remainder I that the land shall be divide betwixt the daughter  of his sister the meaning of the devisor be not that Edith shall have a  feesimple for the remainder be not limit to her heir c if a die in the life of  the say Edith for the devisor go further that if a overlive Edith and  afterward die without issue that the say land shall the divide c walmesley  contrary and he rely much upon the word of the limitation of the remainder to  Edith quod integran to stay behind speech Edithae and that she may dispose  thereof at her pleasure for the say division be limit to be upon a contingent  I if a survive Edith but if Edith survive a then his intent be not that the  land shall be divide c but that they shall whole remain to Edith which be  grant by the whole court and the justice do rely much upon the same reason and  they be very clear of opinion that by those word Edith have a feesimple and  judgement be give accord Anderson conceive that it be a condition but although  that it be a condition so as it may be doubt if a remainder may be limit upon  a condition yet this devise be as good as a new devise in reversion upon the  precedent condition and not as a remainder quod Windham to go away but periam  be very strong of opinion that it be a limitation two joyntenants of a term a  and b a grant his part to b nothing passes by it for as a grant it can be good  for as one jointtenant can feoff his companion no more can be vest any thing  in he by grant for be can grant to he a thing which he have before for  joyntenants be seize and possess of the whole all which be grant per curian  and Anderson say that if land be grant to a and b and the heir of a b can  surrender to a for a surrender be as it be a grant and as a release it can  enure for a release of a right in chattel can be without a deed Goldsb  shepherd touchstone ante Owen cro Inst Leonard hill Elizabeth in the common  plead