ccxviii INCHELY and Robinsons case in a ejection strong it be find by verdict  that king e be seize of the manor and hundred of Fremmington and grant the  same by his letter patent to one Barnard in fee render per annum and also to  be hold by homage and fealty and afterward queen mary recite the say grant by  king Edward and the reservation upon it grant unto Gertrude marchioness of  Exeter the manor of Fremmington and the say rend and service and also the  manor of Canfield and other land and tenement tenendum per fivepercent tax  parten One fee soldier Gertrude be so seize devise to the Lord Mountjoy the  manor of Fremmington the manor of Canfield c and also bequeathe diverse sum of  money to be levy of the premise Leonard and further find that the say rend of  be the full three part of the yearly value of all the land and tenement of the  devisor the question be if by these word of the devise of the manor of  Fremmington the rend and the service pass I e the rend homage and fealty  reserve upon the grant make by king Edward of the manor and hundred of  Fremmington and if the say rend and service be issue out of the manor for if  the rend do not pass then the same be descend to the heir of the marchioness  and then be find the full three part of the value the king be full answer and  satisfy and then the residue of the inheritance discharge and be settle in the  devisee and if the rend do not pass then be the heir of the marchioness  entitle by the statute to a three of the whole c and Shuttleworth conceive  that if the marchioness have devise by express word the say rend and service  they can not pass for as to the service they be thing entire as homage and  fealty they can pass by devise in case where partition be to follow for such  thing can receive any partition or division therefore not dividable for the  statute enable the proprietary to give or devise two part of his inheritance  in three part to be divide as catalla felon can be devise for the reason  aforesaid quod to be concession per totan curian but as to the rend the court  be clear that the same be devisable by the say statute and in respect of that  the mischief of many distress which the commonlaw abhor be dispense with and  be now become distrainable of common right and as to the devise he argue much  upon the ground of devise and put a ground put by Fineux h f where every will  ought to be construe and take accord as the word purport or as it may be  intend or employ by the word what the intent of the devisor be so as we ought  to inquire the meaning of the testator out of the word of the will and see  also a good case h and he much rely upon the case of bret and Rigden blow Com  see there the case so in this case for as much as such Leonard er p intent of  the devisor do not appear upon the word of the will that this rend shall pass  it shall not pass for there be not any mention of any rend in the whole will  Fenner argue to the contrary and he argue much upon the favourable  construction which the law give to will h by reversion for remainder e contra  e a man may make a feoff in fee of a manor by the name of a knight fee a much  strong in the case of devise and in our case the marchioness conceive that the  rend and service reserve out of the manor of Fremmington be the manor of  Fremmington and that the law will give strength to that intent walmesley  conceive that the rend do not pass by the name of the manor c for this rend  nec in in point of fact nec in reputation be ever take for a manor also the  word of the manor of Leonard Fremmington and hundred be put among other which  be manor in truth by which he conceive that the devisor do not intend to pass  but one manor and no other hereditament by this manor of Fremmington there be  a rule in law that in the construction of a will a thing employ shall not  control a thing express but here if by implication the rend shall pass then  the manor of Canfield be not pass which be the intent of the testator to pass  and that by express word see Elizabeth dyer Clatches case No implication of  any estate in remainder can serve when a special gift and limitation be make  by the devisor himself see also Elizabeth dyer chapman case but in our case  here there be not sufficient word to warrant any implication for neither in  truth nor in common reputation be it take for a manor h Greenacre may pass by  the name of a manor although it be but one acre of land because it be know by  the name of a manor see send for h and see where before the statute of use a  man have recoverors to his use and he will by his will that his feoff sell his  land they may sell and he say that if a man seize of a manor parcel in demesne  and parcel in service and he grant the demesne to one and his heir and  afterward devise his manor peradventure the service shall pass but this rend  have not any resemblance to a manor gawdy this rend shall pass by the name  aforesaid favourable construction be always give in will accord to the meaning  of the devisor and no part of his will shall be hold void if by any mean it  may take effect then it here appear that his intent be that upon these word  something shall pass to the devisee concern the manor of Fremmington for  otherwise the word of the manor of Fremmington be void and frivolous which  shall not be in a will if any reasonable construction may be make for it be  find express by the jury that neither at the time of the will make nor at the  time of the death of the testator the devisor have anything in the say manor  of Fremmington but the say rend of per annum and it may well be take that the  devisor be ignorant what thing a manor be think that this rend be a manor  because that she have rend and service out of the say manor for in  construction of a will the word shall serve the intent and therefore if a man  devise that his land shall be sell for the payment of his debt his executor  shall sell they for the intent of the devisor name the seller sufficient and  see Plowden Elizabeth l after the statute of h devise that his executor shall  be seize to the use of a and his assign in fee whereas then there be no feoff  to use the same be hold a good devise of the land to a but the justice  conceive that the devisor be ignorant of the operation of the statute in that  case and therefore his ignorance be supply see Br devise h a have Leonard  feoff to his use and afterward after the statute of h and h he will that his  feoff shall make a estate to b and his heir it be hold by Baldwin Shelley and  Montague justice that it be a good devise and see h Fitzherbert title feoff  faits a carve of land may pass by the name of a manor therefore a strong a  rend for rend and service have more affinity and more resemble a manor than a  carve of land and it can be intend that the meaning of the testator be to  grant the manor it self in which he have not any thing especial by his will  for covin collusion or indirect deal can be presume in a will also the  marchioness for year together before her death have the rend and service of  the say manor and she well know that she her self have not any thing in the  say manor but the say rend and service and therefore it shall be intend that  the same be her manor of Fremmington a seize of a capital Leonard er p message  and great demesne lie to it lease the same for year render rend and afterward  devise to another all her farm in such a place and it be rule in that case  that by that devise the rend and the reversion pass see the case between  Wrottesley and Adam blow Elizabeth by Anthony brown and dyer periam justice  conceive that this rend may be divide well enough but by Anderson it be but a  rentseck periam it be distrainable of common right Anderson doubt of it but  all the justice agree that the rend may be divide but there shall not be two  tenor the Lord Mountjoy be advice that this rend do not pass but descend to  the heir be the full three part of the land enter into the residue and make a  lease of the manor of Canfield unto the plaintiff upon which the ejection  strong be bring and afterward the plaintiff see the opinion of the court to be  against he and for the devise of the rend for the reason aforesaid discontinue  his suit c Len Owen Rep mich Elizabeth in the common plead