case right versus Hammond all in b r there can be a remainder unless a  particular estate be create at the same time upon which it be expectant Str SC  Eq Abr pl pl SC vin Abr title devise l pl c b pl this be a action of ejectment  on the demise of Bucknall and his wife horselee and his wife Colbourne and his  wife and Sarah come against the defendant for some tenement in Woolwich in the  county of ken and on the trial at the assize in ken before Lord chief justice  king the case be this Thomas come be seize of the premise by indenture date  the d and the that of June settle these tenement to the use of Thomas come his  son for life remainder to mary his wife for life remainder to the right heir  of the son and die Thomas come the son by his will date the that of October  devise in these word videlicet my land by Woolwich my wife be to enjoy for her  life after her death of right it go to my daughter Elizabeth comens for ever  provide she bath heir if my say daughter shall die before her mother or  without heir and my say wife mary shall marry again and have a heir male I  bequeathe he all my right to that estate not think I can sufficient reward her  love if my say wife marry again and fail of heir male after her decease and my  daughter she fail of heir I bequeathe per annum of that estate to my brother  Joseph come and to his heir per annum to my sister Sarah Madeson and her heir  provide it come not into the hand of her husband per annum more I bequeathe to  my brother William come and his heir and the residue I leave to the disposal  of my brother Joseph come Thomas come the son die without issue male have only  one daughter Elizabeth who die without issue and the lessors of the plaintiff  be heir at law to her videlicet Elizabeth mary Katherine and Sarah the lessors  be the coheir of John come brother of the say Thomas come mary the wife of  Thomas come junior after his death marry Thomas Hammond by who she have issue  the defendant a case be make for the consideration of the judge who afterward  send it to the court of king bench where it be argue by myself for the  plaintiff and by sergeant Pengelly for the defendant and afterward by Mr  Lutwyche and Mr reeve for the plaintiff and by sir Thomas powis and for the  defendant and for the plaintiff it be insist that the lessors of the plaintiff  be the heir at law to who the estate belong if it be not dispose of otherwise  by the will of Thomas come that by this will nothing pass to the defendant for  be can not take but by way of remainder or by way of executory comens devise  the defendant in this case can not take by way of executory devise because it  be upon too remote a contingency namely upon Elizabeth die without heir Str SC  above p and the case there cite neither can he take by way of remainder  because here be no particular estate to support it Lord coke define a  remainder to be a remnant of a estate in land or tenement expectant on a  particular estate create together with the same at one time   Litt a Fearns c  r that edit by Com consider the first part of the will then to have be a  recital of the manner in which the estate be settle and not as a devise to  Elizabeth the defendant can not take for want of a particular estate be create  at the same time with the remainder and he can not take by way of remainder  because nothing be devise to Elizabeth the daughter for the will do not give  her any estate but only recite the estate which she have before for it say his  wife shall enjoy for her life and after her decease of right it go to his  daughter for ever provide she have heir which be only a narration or recital  of the estate as they be by the marriage settlement and afterward judgement be  give for the plaintiff upon the first point that here be no devise to  Elizabeth and then the first son of the wife by her second husband can not  take by way of remainder and afterward in another case between the same party  in chancery mich Geo for a estate in Essex which be purchase by Thomas come in  the name of trustee pursuant to his marriage article and which be to be settle  accord to the limitation in the indenture date the that of June and which  after the death of Thomas come upon a bill exhibit by mary his wife and  Elizabeth his daughter be settle upon Elizabeth in tail and for default of  such issue to mary in tail and it be now pray upon the bill exhibit by the  heir at law of Elizabeth that the estate in Essex shall be convey to they for  the decree in direct the settlement to be pursuant to the will of Thomas come  but accord to the judgement of b r the will of Thomas come do not alter the  estate of Elizabeth and therefore the settlement to Elizabeth in tail and then  comens er p to her mother in tail be a irregular execution of the decree and  therefore the trustee ought to convey to the plaintiff and the master of the  roll be of the same opinion for he think that Elizabeth do not take any estate  by the will of Thomas come which do not make any devise or gift to her but  only recite that his wife be to enjoy it for her life and that after her death  of right it be to go not that he give it to his daughter comens de term sanct  hill geo in c b