case bovey versus smith novembris in court Lord chancellor Eq can ab pl pl Ch  can S c Vid ante case post case fine levy by a trustee and five year pass do  not destroy the trust nor separate it from the land but transfer they both  together this day this cause come again to be reheard and the matter insist on  by the defendant counsel be not that the judgement be erroneous give at the  former hear but they endeavour to vary the case Lord chancellor declare he do  not see what they can object against the decree at the former hear and that he  be the more establish in his opinion have since that decree pronounce  discourse with the Lord chief justice north who concur with he in opinion he  tell they it be Littleton case where a seize alien and a descent be cast and  afterward the seize repurchases the estate in that case the disseizee may  reenter light S Inst a and so where a man wrongful possess himself of my good  and sell they in a market overt if he afterward buy these good again may seize  they in his custody that in this case the fine have not destroy the trust for  a fine be but a conveyance do not extinguish or separate the trust from the  land but transfer they both together but fine and nonclaim will bar a trust if  levy by a stranger such dict Woolston v Alston hard but the counsel for the  defendant will have it that the intent of the devisor be to pass a fee to the  daughter but the will be in Dutch they have not there the word heir in use  among they but a devise to child and their child accord to their custom pass a  fee in this case the testatrix have devise the write belong to the estate and  in all other part of the will where she have devise the write she have pass a  fee and insist on the Vernon chancery case word in the will house purchase  with my capital as that these word import a fee and it be further insist that  in this case the plaintiff as reversioner come too soon some of the daughter  child be live and to prove that they have the live exhibit here in court but  it be answer that the word purchase with my capital signify nothing as to the  greatness of the estate devise but she be a feme covert and trade as a feme  sole those word be only to express that she have purchase those house with the  money she have get by her separate trade and as to what be object that in  Dutch they never use the word heir that signify nothing for a will that  concern land in England must be so frame as by the law of this realm be  require for the pass of estate vide post S c as have be several time resolve  in case of Latin will and the like and the defendant counsel have answer their  own objection by another objection they make that in other part of the will  where she have devise the write she have devise a fee whereby it appear she be  not ignorant how to have devise a fee as they will have it she be it such have  be her intent and as to the objection of the grand child be live it be say  that the will as to they be idle and void it be to such of her daughter as  shall be live at her decease and to the child of the survivor of they then a  objection be start by the court videlicet that the testatrix have by deed in  her lifetime settle the premise to such use as she shall appoint and in  default thereof to her five daughter her four daughter and the plaintiff her  son and their heir note from r l ante p and their heir therefore if a fee do  not pass to they by the will but only a estate for life yet the reversion pass  by that deed for where a man have a power of appoint a fee he may execute it  at several time and appoint a estate for life at one time and the fee at  another time so Snape v tourton cro car sir William Jones Rep SC where lease  for year make by appointor but difference take where lease for life roll ab  title power c pl et ibidem title trial b p where say such a lease suspend his  power as to the fee Vernon chancery case in answer whereunto it be say that  she have by her will appoint a Vernon chancery case er p estate for life only  to four of the five daughter that be to take the fee for default of  appointment that show her intent that they shall not take a fee and be a  implicit appointment of the fee to the plaintiff her heir and it be agree that  this objection be of weight and therefore the council pray a day to be hear to  it which be order accord Reg lib a fol