cheer against brook mich e rot a purchaser of land in fee die without issue  his mother have a brother and likewise his grandmother on his father side the  latter shall be his heir and not his maternal uncle it be move for a question  by Bendlowe that if there be a grandmother on the part of the father a mother  and son and the grandmother have a brother and the mother have a brother  likewise and the son purchase land in fee and die without issue whether the  brother of the grandmother or the brother of the mother shall be heir to he  quaere but the opinion of all the justice of the bench be that the brother of  the grandmother shall inherit to the son as he who be near of blood to he on  the part of the father c e a accordant thereto although he bear not the  surname of the son or father for he be of the most ancient blood mix in his  name and also of the most worthy dyer b er p blood by the male sex of the  father than be the uncle S the brother of the mother of the son the opinion of  finch in e b a obiler in the assize of Osborne agree and brook in his new  abridgment title dissent pi declare e to be so intend and Britton in title de  Succession c I but jeerer contra toll crib and this by the book of Moses  number c Glanyil lib c Bracton lib c and institute of civil law Britton  fortescue de praise law England Littleton and e how shy but judgement be give  in easter term or Trinity of the present queen against the opinion of Jeffreqs  S that the uncle on the part of the mother shall not be heir but the great  uncle S the grandmother brother shall because in he be the more ancient worthy  and also the most entire blood conveyance to the use of a and b his wife for  life remainder to I in tail remainder to a in fee provide if a have issue of  his body or any wife of a at his decease be enceinte by he then after such  issue have to a in tail and in default to he in fee b die a marry again yet  before the performance of the contingency a have no large estate than he have  before land be assure in fee by fine to a b to the use of c d and his wife for  the term of their life and of the long liver of they remainder after their  decease for six month to the use of the executor of the say c and after six  month end then to the use of e and f his wife and to the heir of their two  body lawful beget and for default of such issue to the say c and his heir for  ever provide always that if it shall happen to the say a at any time after to  have issue of his body or any wife of the say a at the time of his decease to  be enceinte with any issue beget by the say a that then after such issue have  and after five hundred mark pay to g or tender and refuse within the space of  six month next after the birth of the dyer issue of the say a then the use of  the say land immediate after the decease of the say a and d and after the say  six month elided and expire shall be to the say a and to the heir of his body  and for default of such issue to the right heir of the say c d the wife of the  say c die and a take another wife quaere that interest a have in the land  before issue have by the second wife and before the six month pass and it seem  to Plowden and dyer that before the performance of the contingency he have no  large estate than he have before a convey to b in trust to perform his will  and afterward declare the use by indenture but the word will must mean his  last will and he may alter the use as he please a man by his deed indent and  seal and date in the thirteenth year of h declare that whereas he have spew a  common recovery against himself by diverse of his friend upon trust and  confidence of certain land to the intent of perform his will touch the  disposition of the say land first he will that his say feoff and their heir  shall super he to have and receive annual the issue and profit thereof come  and issue during his life and after his decease to stand seize of the three  part thereof to the use of his wife during her life and after her decease dyer  a er p to stand seize of the premise and the reversion thereof after his  decease to the use of r his son and the heir of his body with other remainder  over c whether he may alter and change during his life the use limit in the  indenture or not and it seem to I that he may well alter this will for will  and last will be understand to be all one and this recovery be to the intent  to perform the will and this indendure be as a will which be alterable  therefore it be not a limitation of use upon livery make accord to the  nineteenth year of h ill a pl and other justice agree to this opinion