case Beverley versus Beverley all die Feb lord commissioner devise of land to  a for year if he so long live and from and after the death of a to his old son  b in tail whether this be a vest or contingent remainder one point in this  case be that old sir James Beverley have by his will devise the land in  question to his then old son Thomas Beverley for the term of sixty year if he  shall so long live and from and after his decease to his grandson James old  son of the say Thomas in tail male remainder in tail male to the defendant  Thomas Beverley his next brother James the grandson intermarry with the  plaintiff and Vernon chancery case er p upon the marriage a settlement be make  and a common recovery suffer by Thomas the father and James the son the  objection be that the devise to Thomas be only of a term of sixty year if he  shall so long live and then from and after his decease to James that the  freehold during the life of Thomas be in abeyance vide Fearne count Rem p on  the doctrine of abeyance and no good tenant can be to the prcipe and by  consequence James the grandson be dead without issue male the land belong to  the defendant Thomas as next brother of the say James by virtue of the entail  which be not well dock Pigott Mr finch argue for the plaintiff that the  recovery be well suffer and that the limitation of the entail be good  expectant on the term for sixty year and that it be so resolve in the Lord  derby case in hutton report hut Pollexf c and Vernon chancery case that  judgement be confirm again upon a cognizant fac that we be a much strong case  be a limitation in a will where the intent of the party ought to be regard and  no advantage to be take for want of the precise and nice pen of it by reason  that testator be presume to be weak council and therefore in a will a devise  unto a man and his heir with a remainder be good so here the devise to Thomas  for sixty year if he shall so long live and from and immediate after his  decease that ought to be intend of his die within the term which be high  presumable Thomas be then above forty year of age the possibility that Thomas  may overlive be a very remote and foreign conjecture so that there be not any  gap or hiatus in the settlement as they will pretend but by this constructon  the freehold vest immediate in James and Thomas have only a term for sixty  year if he shall so long live but beside the testator at the time of the  devise have only a equitable estate in he the estate in law at the time of his  purchase remain in one Biggs a infant who have not to this day make any  conveyance so that the common recovery though it be defective as to a tenant  to the prcipe yet it be sufficient and formal enough to bar a equity per cur  it will be hard to make such construction on the word of the will as to say  where a term be limit to a man for sixty year if he shall so long live and  from and after his decease to a b that it must be mean from and after his  decease within the term for suppose he shall outlive the term shall the  remainderman take in the lifetime of Thomas that be a construction contrary to  the word and intention of the testator and as in this case it be of a term for  sixty year suppose it have be of six seven or eight year can there be any room  then for such construction and at what number of year be such construction to  begin Vernon chancery case but in regard the testator have only a equitable  title in himself and the estate in law stand out in a infant the court hold  the recovery sufficient and that even a bargain and sale will have do it and  decree it accord vide north v way ante Vol and case cite in not there in this  case the widow of the testator have give a release of her dower upon a  pretence that three thousand five hundred pound be give to her by her husband  will in lieu thereof and this release be on the plaintiff marriage produce and  show to the plaintiff and her relation and in confidence thereof the marriage  have take effect and a settlement make and portion pay whether now the widow  who have recover her dower at commonlaw shall be conclude by this release and  oblige to part with her dower to make good the plaintiff settlement the court  decree it for the plaintiff though it be strong insist that this release be  gain by a ill practice soon after the death of her husband and upon a pretence  that she have three thousand five hundred pound give her in the will in lieu  of dower whereas such sum be give her by the will but not mean or intend to be  in lieu of dower and that her son who surprise her into that release have also  defraud her of that three thousand five hundred pound the decree be that as  the estate be equitable the plaintiff be entitle videlicet the mother to her  jointure and three infant daughter to a portion of pound Reg lib a fol vide  Hunsden v Cheyney post Vernon chancery case er p