CLACHE S case see in ten Edison Ch d east Elizabeth rot a devise land to b and  her heir for ever and other land to c and her heir but if c die before live b  her part to b and her heir and if b die live c her part to c and her heir but  if both die have no issue then to d hold that these be estate tail and not  conditional fee and that b and c do not take cross remainder for no  implication will make a cross remainder where there be a special limitation by  the testator himself Edward Clache be seize in fee of two message of hill e c  b avowry be make for that the plaintiff hold of he b acre by d rend and for  that in arrear the plaintiff say that he hold that acre and three other by d  rend and the avowant say that he hold that one without this c and it be find  that he hold that one and two other and per C`riarn the avowant shall recover  for the substance be find and Talrnsley put a difference when the matter in  issue and the matter find be the substance of the action and when matter  collateral as the seize be here note well the diversity and note there that  the plea be in the affirmative and all be not as it affirm but the negative of  the other party be find true dyer a er p socage tenure one of the annual value  of S the other of S have issue one son name Henry and two daughter S Alice and  Thomasin by three several venture and h have issue two daughter and die live  the father Edward Clache by his last will give the message of S to his  daughter Alice to have to her and to her heir for ever and the other message  call bis great and principal message he give to Thomasin his young daughter be  then of the age of eight year to her and to her heir for ever and if she die  before the age of year Alice then live then he will that his daughter Alice  shall have and enjoy the say principal message to her and to her heir for ever  and if Alice shall die have no issue Thomasin live then he will that t shall  have and enjoy the share of a to her and to her heir for ever and if both his  say daughter a and t shall die have no issue then he will and bequeathe all  his say message to the two daughter of h Clache to they and to their heir for  ever and if they shall both die have no issue then he give all to a stranger  in fee provide always that if a his old daughter do marry I h then he will and  bequeathe all her part to Thomasin and to her heir for ever provide also that  if Thomasin die have dyer no child then he will all the premise to the say two  daughter of h Clache and if they die have no child then it to remain to the  say stranger as be abovesaid e Clache die Alice refuse I h and take to husband  g and enter into her legacy Thomasin her sister after she have accomplish the  age of sixteen year dead have no issue whether Alice or the two daughter of h  c shall enjoy the principal message which Thomasin have gucere and in the next  term the case be argue at the bar and bench and hold by three S mounson  manwood and dyer that Alice the wife of the plainti have no right to that  principal message call NValgates but the two daughter of h c who be heir to  the devisor have right for it appear by the case that the devisor have more  aection for Thomasin the young daughter than for the old and the devisor never  intend thatthe principal house shall go to Alice unless Thomasin have die  within the age of sixteen year and no implication of a that crossrernanders  can serve when a express and special gift and limitation be make by the  devisor himself and by the opinion of dyer here be no entail to any of the  daughter but each have a feesimple condtonal upon a subsequent contingency but  the other three justice think the contrary see the like ostea fol pound b pl  hilary term queen Elizabeth