case Matthew against Tompson if a conveyance in consideration of a intend  marriage be make to the husband for life remainder to the wife for life with  remainder to the use of all the issue female of their two body and the heir of  the body of such issue female and the husband die leave issue a daughter the  remainder in tail to the issue female be not so attach in that daughter as not  to be divest for a moiety on the birth of another daughter before the  particular estate determine S c ld ray ejectment for the scite of the late  priory of Leoffeild upon the demise of Thomas earl of Sussex upon not guilty  plead there be a trial at bar by a jury of the county of modern buck and the  plaintiff title appear to be thus the land now in question be former the land  of sir Arthur Throgmorton who have issue four daughter the old and the young  be out of this case whether the second daughter marry sir Peter temple and in  consideration of that marriage sir Arthur Throgmorton in the twelve year of  James the first settle these land in trust for himself for life then to dame  whether his wife for life then to sir Peter and whether his wife for their  life and the life of the survivor and after their decease then to trustee to  preserve contingent remainder then to the first son of the body of whether by  the say sir Peter beget or to be beget and the heir male of the body of such  first son and for want of such issue then to the use of all the issue female  of the body of the say whether by the say sir Peter beget and to the heir of  the body of such issue female with like remainder to her issue by any other  husband remainder to Elizabeth his three daughter and the heir of her body sir  Peter temple die without issue male but leave two daughter whether who be the  lady Baltinglasse and Martha who die very young but be both bear before the  particular estate determine otherwise the remainder have vest in the elder  these sister be jointtenants for life with several inheritance and my lady  Baltinglasse enjoy the whole for forty year by survivorship and die in August  without issue so that the land must now come to the heir of the body of  Elizabeth who marry Thomas Lord Dacres by who she have issue Francis who have  issue Thomas the lessor of the plaintiff there have be some opinion former  that my lady Baltinglasse be tenant in tail by virtue of this settlement she  suffer a common recover to bar the remainder to maintain this opinion it be  now say at the bar that the remainder attach in her and can not be divest by  the subsequent birth of her young sister for the word to the use of all the  issue female of the say whether by sir Peter and the heir of their body be  word of limitation and not of purchase but if they shall be adjudge word of  purchase then the estatetail be vest in the old daughter it be true if there  have be two issue female live at the time of the make this settlement it will  have make they modern jointtenants for life with several inheritance but this  be upon a marriage settlement before any issue bear alter the case the birth  of the young daughter can make her jointtenant with the other for the  possession be couple with the remainder if it shall be otherwise then these  sister will take by parcel which can be for admit the old sister shall have  child and live many year and then die and afterward a young sister be bear of  what estate can the old sister die seize but the court be unanimous of another  opinion modern er p then the plaintiff be put to prove his title but can not  produce the original settlement make by sir Arthur Throgmorton of which he  give this evidence he prove that it come to the hand of the lady Baltinglasse  and she have commit a forfeiture by suffer a recovery bring the deed to Mr  grange to advice with he in that matter he prove likewise that this deed be  produce before a master in chancery in a suit there depend and a copy of it  make but that my lady get the copy away he prove also that there be a trial at  law upon a power of make lease at which trial that copy be produce and a  special verdict find in which this settlement be set forth in haec word the  record of which verdict be now produce in court that there be likewise another  controversy upon a lease make of this land and a bill in chancery exhibit  against my lady Baltinglasse in which this settlement be set forth and which  my lady admit in her answer and upon this proof my Lord Sussex have a verdict  for a moiety