case barry versus Edgeworth at the roll Eq can ab pl I devise all my land and  estate in d to I S decree a fee passes these word carry not only the land but  also the testator interest in the land Judith only have a sister the plaintiff  Elizabeth wife of the plaintiff Barry and intend to marry the defendant  Edgeworth the wedding day be appoint and the wedding clothes buy but before  marriage peer William Judith only fall sick make her will by which she devise  all her land and estate in Upper Catesby in Northamptonshire with all their  appurtenance to William Edgeworth of saint Margaret Esq without say for what  estate after the testatrixs death the plaintiff be heir at law bring her bill  for the write the defendant the devisee confess he have the write but insist  that he have the inheritance and feesimple of the premise and consequent be  entitle to the write whereupon the sole question be whether the defendant  Edgeworth have a estate for life only or a estate in fee by virtue of this  will it be object that only a estate for life pass in these land for where a  man devise his land and estate in such a place it describe only the thing and  not the interest in it and the word in Upper Catesby do nothing but point out  the locality of the thing and land and estate in this case be synonymous  master of the roll the case of the countess of Bridgewater versus the duke of  Bolton salk seem to have settle the law in this point it be a resolution give  on great consideration in which the Lord Cowper when of counsel discourage a  writ of error in parliament and the Lord chief justice holt who pronounce the  judgement of the court lie it down as a rule that a devise of all one real  estate comprehend not only the thing but also the interest in it the word  estate natural signify the interest rather than the subject and its primary  signification refer thereto and though the devise be of all her land and  estate in Upper Catesby this be not restrictive with respect to the estate  intend to pass by the will but only as to the land as if the testatrix peer  William have land in another parish suppose for instance in low Catesby those  land in low Catesby can not have pass by the will and as the word estate vern  prece in Charles have be agree and settle to convey a fee in a will it will be  dangerous to refine upon it for then none can give any opinion thereupon and  these word or the like arefrequently make use of in will beside the word  estate if it do not pass a fee in the present case will be quite void since  the devise of the land do before of itself pass a estate for life and no word  in a will shall be reject that can have any construction dismiss the bill Reg  lib a fol peer William er p as to the operation of the word estate in a devise  vide Bridgewater v duke of Bolton salk Chester v painter ante ibbetson v  Beckwith can tempt Tal tanner v wise can tempt Tal and post vol S c Tuffnell v  page Barnard and atk S c Ridout v pain atk Goodwin v Goodwin ves Bailis v gale  ves Frogmorton v wright will style v Walford Bla Rep Macarce v tall Amb hogan  v Jackson Cowp Loveacres v blight Cowp den v gaskin Cowp right v Sidebotham  Doug holdfast v marten t r Fletcher v Smiton t r do v chapman h Bl price v  Gibson Eden do v Allen t r Pettiward v Prescott Ves barn v patch Ves Woollan v  Kenworthy Ves roe v wright east do v Clayton east Chichester v Oxenden taunt  charlatan v tailor V b athwart v Bryant taunt roe v Bacon m S Randall v Tucson  taunt den v hood taunt Harding v gardener Brod b do v Hurrell b a do v Gilbert  Brod b see also cave v cave Eden and the case be collect in note b page on the  force of the word property and effect to which may be add Patton v Randall  James W peer William de term S the number three