case Hyley against Hyley if a man after several legacy bequeathe land to a and  a house to b in tail and all the rest and residue of his estate to be equal  divide between they except only that which he have give to a and b and the  heir of their body the reversion in fee of the house on the death of b without  issue be within the exception and shall go to the survivor SC comb ante hob  cro car cro James   lev case Ch case t t vezey vern ld ray Com dig devise n n  comens vern Prec Ch Mod Mod modern er p Mod Mod pale yellow Eq Rep fitzg stram  Peer wms Peer wms Peer wms Hyley bad issue William his old son who have issue  Peter Charles and John he by will devise a thousand pound to his old son and  several parcel of land to other legatee then be give to Peter land in tail  male to John a mansionhouse now in question in tail male be devise another  house to his grandson Charles in like mariner and all the rest and remain part  of his estate he devise to his three grandson equal to be divide among they  that only except which he have give to Peter Charles and John and to the heir  of their body who he make executor then by another clause be devise videlicet  that if either of his executor die without issue then the part or part of he  so die shall go to the survivor or survivor equal to be divide John the young  grandson die without issue the question be whether the reversion of his house  shall be divide between his survive brother or descend to his heir and it be  adjudge that the exception in the will do comprehend the reversion in fee and  that it do not pass but without such a exception it have pass as where a man  devise his manor to another for year and part of other land to b and his heir  and all the rest of his land to his brother in tail it be hold that by these  word the reversion of the manor do pass it be say Eq Cas Abr that this case  have be deny to be law but see the case of Willows v Lydcott infra vent  Hopewell v ackland salk Wheeler v Walroon Allen cook v Gerrard I lev and the  case cite post page note b a