brown case Maurice wynn appellant richard wynn respondent that march Mews dig  xv land be devise to a and the heir of his body a die in the lifetime of the  testator hold that the devise thereby become void and that the only son of a  can derive no title under it viner vol p can Eq ab can Robert Wynn Esq be in  the year seize in tail of a ancient capital message or tenement and demesne  land thereto belong call Maesmochnant and of another tenement and land call  Maes that Criafol which have be the estate and inheritance of his ancestor and  of two other tenement call Bwlch Glas and guvern Vwod and several parcel of  land which come into his family long after the other estate and be gain by the  marriage of one of his ancestor with a heiress also of another tenement which  have be purchase by his father or grandfather he be also seize in fee of two  other tenement and land which have be purchase by himself and never belong to  any of his ancestor all which premise be lie in the parish of Llanrhaiader and  Llanarmon Mynydd Mawn in the county of Denbigh and be so seize the say Robert  Wynn at the great session hold for the say county on the that of September  suffer a common recovery of all the say premise and by indenture date the that  of the same month recite such recovery declare the use thereof to be to the  use of such person and person and for such brown er p estate and estate and in  such manner and form as he the say Robert Wynn shall in and by his last will  and testament in write to be by he sign seal and publish in the presence of  three or more credible witness or in and by any deed or other write to be by  he execute in the presence of two or more credible witness limit or appoint  and for want of such appointment to the use of himself and the heir of his  body remainder to his brother Maurice Wynn and the heir of his body remainder  to his cousin Owen Wynn the appellant father and the heir of his body with  remainder to his own right heir on the that of march the say Owen Wynn the  appellant father die leave issue the appellant his only son and heir and on  the saint of may follow the say Robert Wynn die without issue whereupon  Maurice Wynn his brother enter on the estate as be his heir at law and also  next remainder man in tail under the say deed and enjoy the same till his  death which happen in march and he die without issue and without alter any of  the use limit by his say brother or do any act to bar those use the respondent  enter upon all the premise as heir at law both of Robert and Maurice Wynn and  get into his possession all the deed and write relate thereto brown in  Michaelmas term the appellant bring his bill in the court of chancery against  the respondent for a discovery of the deed declare the use of the recovery and  to have it deliver up to he that he may assert his title to the remainder  thereby limit to the heir of the body of the say Owen Wynn the respondent by  his answer to this bill admit to have the say deed in his custody and annex a  copy thereof but insist that Robert Wynn after the execution of that deed have  on the that of September make his will and thereby devise all the say premise  by the name of all his estate of Maesmochnant to his brother Maurice Wynn and  the heir male of his body and fail his heir to his cousin Owen Wynn the  appellant father and the heir male of his body and fail his heir to his the  testator own right heir that the say Robert Wynn and his brother Maurice be  both dead without issue and the use declare by the deed be revoke by the will  the appellant can derive no title under that deed nor under the will in regard  the say Owen Wynn the appellant father die in the lifetime of the testator the  cause be at issue come on to be hear before his honour the master of the roll  on the that of June when it be order that both party shall attend the master  who shall examine whether the whole estate of Robert Wynn be know by the name  of Maesmochnant or not and whether the say Robert be seize of any other land  than what be mention in the deed of the that of September and whether the  whole or any and what part of the estate of Robert Wynn do pass by the bequest  in his will of all his estate of Maesmochnant and to examine what be the  yearly value of that part of the estate which lie in Maesmochnant and also of  the whole estate and state the whole matter to the court and for the better  clear thereof the will and all the deed and write relate to the say estate be  to be bring before the master the respondent appeal from this order to the  Lord chancellor Macclesfield who upon hear the cause on the that of February  confirm the former decree but without prejudice to the respondent apply to  that court after the master report for a further enquiry touch the matter in  the petition of appeal mention the deed of settlement will and title deed have  be bring before the master and several proof take in the cause he by a special  report date the that of June certify that by the say will deed and disposition  it do appear that the whole paternal estate of Robert Wynn which come to he  from his ancestor the Wynns of Maesmochnant be common know by the name of  Maesmochnant estate and that Maesmochnant be the proper and particular name of  the mansion or chief dwell house of the family and not of any township or  division of the county that the say Robert Wynn at the time of make his will  and suffer the recovery be seize in fee of two message by he purchase brown  call Cae mawr and PenyFord Wenn beside those particular describe in the deed  declare the use of the recovery and that he conceive it to have be the  intention of the testator by the bequest of all his estate of Maesmochnant to  pass his whole paternal estate which the master find brown er p be at the say  Robert wynn death let to his brother Maurice at pound per and but with the  addition of Cae mawr be then let at pound S d per and to this report the  appellant take several exception and on the that of January the cause be hear  on the exception and also on the special matter of the report before sir  Joseph Jekyll and sir Jeffrey Gilbert two of the then lord commissioner for  the custody of the great seal who be please to overrule the appellant  exception and to declare that the whole paternal estate of Robert Wynn which  descend to he from his ancestor the Wynns do pass by the word in the will of  all his estate of Maesmochnant and therefore decree that the appellant bill  shall stand dismiss without cost and that the master shall deliver back the  will and deed produce before he to the respondent from this decree and report  the present appeal be bring and on behalf of the appellant it be argue p York  W peer William that the death of his father Owen in the lifetime of Robert who  suffer the recovery and make the will ought not to prevent the appellant from  take the premise in question as heir of the body of his father Owen who be the  next remainder man in tail expectant upon the death of Robert and his brother  Maurice without issue because it appear to have be the intention of Robert  Wynn as well by the will as by the deed that the premise shall come to the  appellant father and the heir male of his body in default of issue of the say  Robert and his brother Maurice and the remainder in fee limit by the will to  the testator own right heir be to take place only in case of failure of heir  of the body of his cousin Owen Wynn the appellant father which have yet not  happen that if this be so the use declare of the recovery ought in the mean  time to be let in and the appellant as heir of the body of Owen ought to take  thereby in the same manner as if no other appointment or disposition have be  make by Robert Wynn of the premise that if the death of Owen in the lifetime  of the testator Robert shall prevent the appellant from take any part of the  premise devise by the will yet that devise extend only to the capital message  and demesne of Maesmochnant and not to any other of the testator land in the  county of Denbigh for they be know by different name rate and tax separate as  distinct tenement lie in different parish and be purchase or come into the  family by marriage at several time and some of they be purchase by the  testator himself that in case all the paternal estate of Robert Wynn pass by  the devise in the will of all his estate of Maesmochnant yet it be conceive  that the appellant bill ought not to have be absolute dismiss nor the deed of  the that of September decree to be deliver back to the respondent because  brown there be general word in that deed which comprise the land purchase by  Robert Wynn as well as the paternal estate for Robert Wynn not only recite  that he have suffer a common recover of all his land tenement and hereditament  in the say county but by the same deed declare that all and every person and  person who then be or shall by virtue of the recovery therein recite or  otherwise be seize of the premise therein mention shall stand seize thereof to  the use express in the say deed by which the appellant as the only son and  heir of his father Owen Wynn become entitle to the same as the next remainder  man in tail after the death of Maurice the brother without issue and ought to  have have the deed deliver up to enable he to assert his title as be can by  law to the purchase premise under that deed especial since the master report  and the decree ground thereon relate only to the paternal estate whereas the  title to the purchase estate remain still undetermined and the respondent have  not nor can pretend to any title or interest whatsoever thereto by or under  the say deed to this it be answer t Lutwiche c Talbot on the other side that  the will absolute supersede the use of the deed and that by the death of Owen  Wynn the appellant father in the lifetime of Robert the testator the devise to  Owen and the heir male of his body become void the appellant can therefore  derive no title by law to that devise as heir of the body of Owen Wynn who  never take any estate by virtue of the devise that the whole paternal estate  of Robert Wynn be know by the general name of Maesmochnant estate and so it  appear by the appellant own witness and he by his bill claim it by the very  same name the whole value of which estate be but pound per and and he by his  will have charge it with a annuity of pound per and tax free beside his debt  legacy and funeral expense which the capital message and demesne alone will  not be near sufficient to pay that the appellant can brown er p have no  pretence to the purchase estate as Robert Wynn be seize thereof in feesimple  beside he claim by his bill no other than the estate tail of which the  recovery be suffer nor can it be imagine that Robert will be at the expense of  suffer a recovery of land whereof he be seize in feesimple that though there  may be general word in the deed yet the same be execute after suffer the  recovery and design to lead the use thereof it can extend to no other or great  estate than what be strict comprehend in the recovery nor can the covenant to  stand seize go any further than to the land in the recovery and that no more  than the old estate be contain in the recovery be very evident by compare the  last recovery with the old conveyance of the family and with fine levy above a  hundred year ago from whence it will appear that there be not a single acre of  land comprise in the last recovery more than there be in those ancient fine  nor can the deed declare the use of the recovery pass more land than be  comprise in the recovery itself that the appellant ought not to perplex the  respondent at law after he brown have choose to proceed in the manner  prescribe by the first decree and after the matter in dispute have be full  hear and determine against he in that court where he himself have submit they  shall be determine and therefore it be hope that the decree and report will be  affirm and the appeal dismiss with cost especial as the respondent have no  cost below though he be the testator heir at law accord after hear counsel on  this appeal it be order and adjudge that the same shall be dismiss and that  the several order report and decree therein complain of shall be affirm jour  vol p