case stringer against new in chancery Michaelmas term Geo descent Hardwicke  Lord chancellor deliver the follow opinion this case come before I by way of  exception take to the defendant plea I be of opinion last night that the plea  shall be allow and I have since look into some case which have confirm I in  that opinion and they afford strong reason why this plea shall be allow than I  last think of for I have then some doubt with myself as to the operation of  the fine the case be thus a be tenant for life with remainder to trustee to  preserve c remainder to his first and other son in tail remainder to the heir  of his own body remainder to the right heir of his father the devisor have a  sister of the halfblood who be a daughter of his father by a former venture  and he have also a sister of the whole blood the question be whether a have  make any alteration as to the descent of the reversion in fee if he have not  it will descend to the sister of the halfblood who be the elder daughter and  modern report equal heir to the father with the other daughter but if he have  alter it and give it to himself it will descend to the sister of the whole  blood who claim as heir to her brother who be last actual seize and therefore  she be entitle under that know rule of law that possession brother de fee  simple compose sister be hredem but then it be certain that must be a actual  possession so that it be argue in this case that this be a estate for life in  a with a remainder in tail and a reversion in fee expectant this be not such a  possession as will entitle the young daughter to take under a possession  brother what be insist upon on the other hand in order to have alter the  course of descent and give it to the heir of a instead of the heir of the  father be that a have make a lease and release and thereby convey the estate  to b on trust for the payment of debt c and levy a fine thereof but have not  suffer a recovery and the question be whether this fine have change the  reversion in fee and thereby alter the descent and I be of opinion that it do  alter the reversion and that therefore the estate will go to the right heir of  a and I find my opinion on two case in   light the first of which be a where  he say if a man have issue a son and daughter by one venture and a son by  another and die and the old son enter and die without issue the daughter shall  have the land by a possession brother and not the young son but if the elder  brother after his entry endow the wife of his father of a three part and die  without issue the young brother shall have the reversion of the three part  because the actual seize which the elder get by his entry be defeat by the  endowment but if the elder have make a lease for life and die and lessee have  endow the wife and tenant in dower have die during the life of the lessee for  life the sister as heir to the elder brother shall have have the whole because  by the lease for life he have alter the reversion for in the first case the  seize be defeat as to a three part by the endowment the reversion thereof  depend on the estate which the wife be in from the husband so that in  judgement of law a reversion only descend but in the other case the reversion  be change and alter by the lease for life and be therefore expectant on a new  estate for life modern report er p the other case be   light where it be say  that many time the change of the freehold make a alteration and change of the  reversion as if tenant in tail or husband seize in right of his wife or tenant  for life make a lease for the life of the lessee in all these case the lessor  do gain a new reversion by wrong and if the elder brother grant a reversion  expectant on a freehold for life it shall cause a possession brother from  modern report all which case it appear that from any such change in the  reversion it shall descend to the heir of the son and therefore entitle the  young sister of the whole blood to claim as heir to he by a possession brother  in the present case the conveyance be by lease and release to b to pay debt c  and sure this be a great alteration for this amount to a grant of his estate  for life and it likewise passes the reversion in fee for as he be right heir  of his father he have a reversion to grant though it will descend to the right  heir of the father without such a alteration and though the estate be subject  to redemption on payment of the debt c yet it will follow the heir of the son  because the son have change it and make it his own by a plain alteration now I  shall consider what will be the effect of this fine suppose the lease and  release out of the case and that fine will certain have bar the remainder in  tail in himself for he be seize for life with remainder to the heir of his own  body so that the fine bar the estate and will have amount to a grant of the  reversion in fee if to a stranger now this reversion in fee instead of be  expectant on the estatetail as by the devise it be do now depend on a estate  on contingency therefore on this case whether the reversion be thus change  shall alter the descent of it so as to go to the heir of the son I be clear of  opinion that it be literal within what be lie down in   light b that if the  elder brother change the freehold it shall alter the reversion likewise and  shall cause a possession brother in the present case I think that both the  conveyance have change the reversion and therefore the estate will descend to  the defendant as heir of the whole blood to the brother and be therefore well  satisfy in allow this plea