backhouse and well devise to a for life only sans waste remainder to issue  male of his body lawful to be beget remainder to the heir male of the body of  such issue c whether it be a estate for life or a estatetail Eq Abr pl the  case be Thomas backhouse devise land to John backhouse for his life only  without impeachment of waste and from and after his decease then to the issue  male of his body lawful to be beget if God bless he with any and then go on  with remainder to the heir male of the body of such issue lawful to be beget  with two remainder over in the same word fazakerley this be no estatetail but  a estate for life the word issue may be expound so as to square with the  intention of the devisor   wild case child stand for issue lev Lodington and  kyme there issue make a word of purchase the devise be to b for life only  without impeachment of waste and after to his issue he have here express that  he shall have a estate for life only and so the preamble of the will show the  same intention so the court may mould the word issue to serve the intention of  the party   chancellor of Oxford case vent fortescue now if this be a  estatetail it must be by implication and that must never prevail against  express word Leon let the implication be ever so strong it must give way to  express word cro fortescue er p it be dispunishable of waste which show he  mean a estate for life only lev   then to his issue male if God give he issue  which word be future if God shall give he issue hereafter more and the  subsequent word be to the heir male of the body of his issue this show the  first word be only demarcation personae and consequent word of purchase and  not of limitation bull there the rule of law be lie down that no clause in a  will shall be construe nugatory case near this be clerk and day cro more  archer case I   cro Elizabeth roll Abr issue male be the same as heir male  Loddington and kime body be relative to one as well as the other beside the  devise be to b for life only without impeachment of waste and the next  remainder to I b be to he and the heir male of his body and if he have intend  the same limitation he will have use the same word b have no issue at that  time the case of tailor and sayer in cro Elizabeth be a case in point if it be  law and pl godb Jeffries argue the this be a estatetail in roll Abr the word  non aliter in that case be strong than the word only in this case king and  mell the word only be unnecessary and will not alter as the clause in that  case lutwych Broughton and Langley the intention of the party be nothing here  because not consistent with the rule of law for that must not break through  the establish rule of law archer case be not like this case that be next heir  in the singular number so can not be a in fortescue heritance Counden and  clark in hob there be a estatetail by implication issue be nomen proceeding by  inference and what be graft be not different which must be as shelly case  chief justice Parker the case of clerk and day be mistake in all the book in  the case of Loddington and kime there be judgement but a writ of error be  bring in this court and the party agree and divide the estate between they and  levinz bath mistake this case though he argue it this be to he for life and  remainder in tail to his issue this be in a will what be there to alter this  intent show he design it so and therefore he have add the word only what be  here to control the intent of the party issue male it be say be equivalent to  heir male of the body that be not so in all case in some indeed it be but it  will do you no good unless it be so in all case devise to one for life and  after his death to his issue if there be no issue can make it a present estate  and a remainder it can be because nothing limit in certain therefore you must  explain issue otherwise than it import direct that the intent of the party may  not be frustrate indeed hale do call issue nomen proceeding by inference I e  extend to the remote as well as to the near issue but the intent of the party  must cooperate where issue male be equivalent to heir male devise to one for  life and to his heir male legate and jewel that will be archer case the  intention of the party shall control the operation of law where it may but  indeed where it be a devise for life only and to the heir of his body that  will not alter the operation of law beyond concilium in Michaelmas term annae  this be argue again fortescue Lutwyche the question be whether I b be tenant  for life or tenant in tail if tenant for life only be can not suffer a common  recovery and in such case that will not prejudice our title who claim in  remainder I make two point first whether it be not the intent of the testator  that it shall be a estate for life only second whether that intent be not here  agreeable to the rule of law where a estate be to be settle in the blood it be  prudence in every one to give a estate for life these word be very strong  habend for life only this word only be very material and on which other case  turn this can be for no other purpose but to give he a estate for life only  and that without impeachment of waste this be not like the case of king and  mell there be power to make a jointure that power have a different  signification but here for life only without impeachment of waste can have no  other signification and be to no purpose unless to confine it to a estate for  life fortescue er p he show how it shall go to the tenant for life and to the  issue for he take notice he have no child so that be contingent and if he have  issue then it be vest in the issue as a purchaser and then to make he take as  such he add word of limitation which show the first be word of purchase if  this limitation be in a deed it will be good as shelly case remainder to the  issue will be a word of purchase even in a deed it will be to they for their  life and if word of limitation be add it will be a fee if here be proper word  of limitation how can it be construe otherwise if it shall be so he be in a  worse case for understanding the law fortescue where word be proper so as to  carry a estate in a deed nothing shall alter that case but the express  intention of the party in wild case a devise to a and his child have none at  that time it be reasonable to construe that to be a estatetail because have no  child at that time the word to his child can not be satisfy any other way than  by make it a estatetail if we answer the case of king and mell there be no  other case against we and there be a great deal of difference between that  case and we in that case my Lord hale take notice that non aliter in roll Abr  make a difference and the clause without impeachment of waste be not in that  case nor the word only here be also word of limitation add to word of purchase  and in that he distinguish as much as any lawyer can do Lodington and kime be  a case for we but the case of tailor and sayer have be deny to be law Lechmere  this be the same case as king and mell the intention of the party I agree to  be the measure of construction here be no such intention that this shall be a  estate for life only the preamble of the whole will be against it he desire  that all the land may go in his name and blood and this must extend to all the  devise in the will the reason why this first devisee be prefer be because he  be of the name and blood now if the operation of law be upon these word that  he shall have no power to alien will not that extend to the second devisee in  point of intention as well as to the first the second have not his name though  of his blood but he have power to alien why not then the first the second  devise be to b a attorney for life and then to the heir male of his body this  be a estatetail the clause without impeachment of waste they say be proper  only for a estate for life but he have use these word otherwise in his other  devise where it be clear a estatetail and therefore these word be to be  fortescue deem superfluous he use they promiscuous he must be intend to mean  the same thing by the same word if he have any particular meaning that he  shall not alien he will have go through with it in all the devise in that case  of Lodington and kime there be a proviso but then they say here be additional  word to the heir male of the body of such issue in a will a devise for life  remainder to his issue that make a estatetail in the devisee and then the  additional word to the heir of the body be mere word of surplusage such a  limitation in a deed where issue be in be may be so but in a will it be  otherwise for though all the issue shall take yet they shall all take a  estatetail and by descent archer case be the same as if the devise have be to  the firstborn son that of Lodington and kime be in the singular number to the  first issue male and his heir I e firstborn son and his heir so be the case of  clerk and day it be in the singular number his general intention be the best  measure that it shall go to his name and blood as to the word only in the king  and mell there be express word for life which be hold to have no weight in  that case for this word only have no particular meaning here when apply to  general and indefinite word this particle of restriction have its use but if  the same sense be express before no other word can make it more so the  expression be limit before so this word come after do not vary either the  grammatical or literal meaning and if this word have no meaning then it be the  same case as king and mell in roll Abr there be a case something like this the  reason give there be because it be express say to be a estate for life in  clerk and day roll Abr if son shall alien then to the daughter that show the  power of alienation be in the son and not in the father fortescue er p the  word issue be not appropriate in a will though in a deed it have a appropriate  sense issue be a proper word of limitation as a devise to a general and if he  die without fortescue issue that make a estatetail by force of the word and  expression the general intent be that the issue shall have it the word issue  in a will be more frequent construe to make a estatetail Even in a deed it  have that meaning and for want of such issue that restrain it to a estatetail  a devise to man child of the body be not so operative as issue and the reason  of wild case be that it appear there be issue live there be not one reason in  the case of king and mell but what be here and as to the graft word they  signify nothing the word issue be of often a word of limitation as a word of  purchase and be to have a construction as the occasion offer in the next term  which be hill annae the chief justice give the resolution of the court in this  case ld Ch justice Parker the question be whether this be a estate for life or  a estatetail it be a estate for life and not a estatetail I do it know how  there can be clear word than these the word be proper and legal and such as a  lawyer will make use of and the vulgar sense of the word be the same as the  legal sense the word issue have be make equivalent to heir of the body but  that be not always so for otherwise here the subsequent word of limitation  must be reject one may indeed guess from other part of the will what the party  may mean but that be no conclusive argument as to the word only that be in  some case that may be put of no effect but though in a clear case it may make  no alteration yet it do not follow but that in a doubtful case it may be  explanatory and restrictive you will change the sense of the word issue only  to reject the subsequent word strong word can not be invent to make the issue  in tail take as a purchaser than the word in this case and so judgement be  give for the plaintiff per tot cur fortescue de term sanct mich annae queen in  the king bench