BRONCKER versus coke mich Ann holt CJ deliver the opinion of the court we be  all of opinion the devise be void as to his land not but that the word be full  enough to pass land but because he be not seize at the time of the devise make  and we all agree that he intend the land shall pass but all the land he shall  have be not sufficient word to pass they for by the law he can give no land  but such as he have at the holt KB er p time of make the will and though these  land be in ken yet as to this point it be the same thing as if they have be  only devisable b that the statute though a will do not take effect till the  death of the maker yet this a will from the make unless it be revoke so that  if there be a disability at the time of the make though that disability be  remove before the death yet the will shall not be hold good as infancy lunacy  or coverture unless there be a new publication to which since the statute of  fraud and perjury the same ceremony be requisite videlicet sign and attest  those I mention this true be personal disability and I know no reason why a  real disability will not have the same effect this will as to these land can  have no inception and if so then you will have a end without beginning it will  be say that it may begin at the time of the purchase which I deny for that  purchase and dispose be different act you must in plead say that he be seize  in fee and be so seize do devise   Entr raze Entr where this a will by custom  so be h holt KB a this true that plead do not make the law yet the constant  way of plead be strong evidence of the law it be object that land by the  custom be devisable tanquam catalla and for that f n b b be cite and that good  and chattel may pass by a will though the testator have they not at the time  of the devise to which the same authority give a answer for there this not say  that he may dispose of tenement general but that he may dispose of property  svan tanquam catalla so if they be not svan at the time of the dispose they be  not within that rule so that they must be svan there be a great difference  between a real and a personal estate the one permanent the other transient it  will not be reasonable that a tradesman shall be oblige to make a now will as  often as he change his good into money or his money into good but when a mail  purchase a real estate there this reasonable he shall make a will if he have a  mind to dispose of it for the law have appoint one to succeed in the real  estate but none to the personal estate but a late statute have appoint a  administrator to distribute so the disposition of they be different if I  devise land to one the devisee immediate on my death shall have it but if I  devise so much money the devisee can have this but it be in the executor till  he assent to the legacy so that the law appoint a heir but this the testator  appoint a executor I do not undertake to judge of chattel real because it  belong to another law but if a have a college lease and b give it away by will  and after he do purchase it from a I doubt it will not pass way Goldsb march  to make this will good be to make the purchase repugnant for the will give it  to the wife and the purchase to he and his heir and therefore I do not hold  the case in Plowden put by sergeant loveless to be law videlicet a devise  Blackacre to b and his heir and after purchase it I bold b shall not have it  and the case h b Br devise do not warrant that opinion to which Powell agree  if a man seize in fee be seize and then devise the land and then reenter and  die the land shall pass because by the reentry the seize be purge and revests  the estate and he may bring trespass and so the seize by the reentry may be  say to continue in the disseizee   b h a b and so be seize he may dispose but  in the case at bar the purchase be make eight year after the will if a lord  holt KB give away his manor and afterward a tenancy escheat that tenancy  passes as part of the manor so a man seize of a reversion expectant upon a  estate for life devise it and afterward tenant for life die and then the  testator yet it passes so if land be devise to two and one of they die before  the testator the whole shall go to the survivor adjudge in c b car Bridgman be  chief justice   in the case of butler and baker lie a great stress upon the  word have but I do not take it that it do depend so much on the word have as  on the nature of the thing and there all the judge in the exchequerchamber  agree with he and here judgement ought to be for the defendant saint because a  will be a will from the make unless it be revoke dly testator must be seize  before he can dispose dly upon the difference between a real and personal  estate thly because the will be repugnant to the purchase judgement for the  defendant holt KB er p