case sir evan llhoyd and dame mary his wife all versus carew all shower  parliament case S c Eq Abr pl SC but not S p cro Elizabeth fearne count Rem  limitation of a fee upon a fee on a contingency to happen within a reasonable  compass of time no perpetuity a and b two sister seize of land in fee for  pound pay a by c and in consideration of a marriage intend and afterward have  between b and c by lease and release convey all their land to the use of b and  c for their life remainder to their first and other son in tailmale successive  remainder to the daughter of b and c in tail remainder to the right heir of c  provide that if there be no issue between b and c live at the death of the  survivor of they and that the heir of b shall within twelve month after the  death of b and c die without issue as aforesaid pay to the heir or assign of c  pound then the remainder in fee so limit to c and his heir shall cease and  that then the premise shall remain to the right heir of b for ever afterward b  and c for extinguish the right title c which b or his heir then have or after  may have by any settlement proviso c on payment of pound or precedent in  chancery er p otherwise to the heir of c levy fine of precedent in chancery  the say land to the use of c and his heir and direct the trustee of the first  settlement to convey accord then c devise the say land to d his brother  subject to his debt which be near pound and after b and c die without issue a  the sister and heir of b bring a bill in chancery against d the brother and  heir of c and against the trustee to have a conveyance of these land on  payment of pound pursuant to the proviso but be dismiss a appeal be bring in  parliament and for the defendant or respondent it be insist that the proviso  be void the fee be limit to c and his heir and so not capable of a further  limitation unless to happen in the life of one or more person in be at the  time of the settlement which be the further the judge have ever go in allow  contingent limitation upon a fee and if they shall be extend to contingency to  happen within twelve month after the death of one or more person or person in  be they may as well be extend to contingency to happen within year and so all  the inconvenience of a perpetuity will be let in and the owner of a feesimple  thus clog will be no more capable of provide for the necessity and accident of  his family than a bare tenant for life dly if this limitation be good then the  estate limit to the heir of b be virtual in her and her heir must claim by  descent from her and not as purchaser and then that estate be bar by the fine  the design of give such power to the heir not be to exclude the ancestor but  because the power in its nature can not be execute till after the death of the  ancestor be to take effect upon a contingency that be not to happen till after  that time and that by this mean c will not only have no portion with b but d  his brother will lose all the money he aid for the debt of c and which be  charge on the say land precedent in chancery for the appellant it be urge that  the proviso be not void that it be within the reason of the contingent  limitation allow in the duke of Norfolk case Chan Cas where it be say that  future interest spring trust or trust executory and remainder that be to arise  upon contingency be quite out of the rule and reason of perpetuity if they be  not of remote consideration but such as will speedy wear out that though there  can be no remainder limit after a feesimple yet there may be a contingent  feesimple arise out of the first fee that the ultimum quod sit of a fee upon a  fee be not yet plain determine that there can not in reason be any difference  between a contingency to happen during life or life in be and within one year  after and the reason of allow they to be good if confine to life in be or upon  their decease be because no inconvenience can follow and the time rule will  hold to a year after and that the true rule to set bind to they be when they  prove inconvenient and not otherwise that this settlement be make with good  advice dly that the fine can not bar this proviso because the same never be  nor can be in b who levy it Mr Vernon add also this reason that if the proviso  have be that if b die without issue live at the death of the survivor of they  then if the heir of b do upon the death of such survivor without issue pay  pound to the heir of c then c this you agree have be good but be extend to a  year after it be otherwise and may as well be year after to this he say if the  proviso have be so word it will have be impossible to be perform for then the  heir of b who can not be know till her death will have be oblige to carry  always pound about they ready to pay and to have the heir of c who likewise  can not be know till after his death precedent in chancery always ready to  receive it upon the instant of the death of the survivor and it may happen  that neither the one who be ready to pay it nor the other who be ready to  receive it may be heir of b and c and sure when the heir of neither can be  know till their death twelve month be but a reasonable time to procure and pay  so great a sum as pound which show that a limitation of a fee after a fee upon  a contingency to happen within one or more life or life in be or upon their  death be allow to be good may be extend further when as the limitation may  happen to be it will be inconvenient or impossible to be perform within such a  time and that inconvenience be only to be the bind to these limitation which  here be so far from be inconvenient that it will be inconvenient and  impossible to be perform otherwise for these reason the decree of dismission  be reverse precedent in chancery er p precedent in chancery de term S the  number three in curian porter