ccxxxii Putnam and cook case in ejection strong it be find that one Hawkins be  seize of message in bury in fee and have issue Robert his son and christien  and Joan daughter and devise all his say message to his wife for life the  remainder of one of the say message to his son robe t and his heir the  remainder of another of his say message to his daughter christien and her heir  the remainder of the three to Joan and her heir and further will that if any  of his say issue die without issue of his body that then the other survive  shall have totan illem parten c between they equal to be divide the devisor  die the wife of the devisor die Joan die have issue Robert die without issue  christien enter into the whole message of Robert and die and her husband hold  in as tenant by the courtesy cook the survive child shall have the whole and  the issue of Joan shall have nothing and he conceive that by this devise they  have a estate in tail for the fee be not vest in they for that it be incertain  which of they shall survive but when one do survive then he shall have the fee  for these word totan that parten go to the whole estate as well as to the  whole land if I devise my whole land to I S he have a fee and he conceive that  the three have a estate in tail with a fee expectant each several to the house  limit to he Golding contrary each of they have a estate tail in the house  devise to he and but a estate for life expectant upon Leonard the death of the  other without issue for there be no word by which it may appear what estate  they shall have by the survivor c I grant the case which Perkins deny but  Littleton affirm sure a devise of land to one in continuous for there the  intent appear but where there be not word of inheritance nor word amount to so  much then it shall be but a estate for life and as to these word totan that  parten the same be all one as if he have devise totan that without parten also  he conceive that where one only survive no estate further vest for there ought  to be two to take by the survivorship for the word be evenly inter eos  dividend and then if it can accrue by survivor then it shall descend and if it  have accrue by survivor they shall thereof have be tenant in common and not  jointtenants by reason of these word evenly dividend Clench justice the word  totan that partan go to the house and not to the estate in it shoot to the  same intent if both the daughter have survive they shall have fee in the house  of Robert but not by the will but by descent in coparceners also when two be  dead the son and one daughter then it can be decide therefore the will as to  that be void and then the commonlaw shall take place and put the message to  the issue of on daughter as to the sister survive gawdy justice here be but a  estate for life in the survivor it have be object that then be but a estate  for life that estate be drown by the descent of the feesimple so as now the  estate limit by the will be void to which it may be answer that although now  upon the matter it be void yet ab beginning it be not sol for it become void  by matter of late time sure by the descent of the feesimple for if one of the  daughter have die without issue before the death of Robert so as the house of  such daughter have come to Robert and the other sister there have be no  coparceners for the son have all the fee and the moiety of it be execute and  the Leonard er p moiety expectant and the sister have the moiety for life and  then the devise be not good also here be two survivor so as nothing be to be  divide and therefore the law shall say that the house of Robert be descend  sure the fee of it to the daughter of christien and Joan and so judgement be  give against the husband who claim to be tenant by the courtesy of the whole  land and message Len cro Leonard mich Elizabeth in the king bench