coke b Matthew man case Trin James see John v pink Ch one be possess of a farm  c for the term of fifty year devise his lease of the farm c and all the year  therein to come to b after the death of m the testator wife c and in the  meantime his will and meaning be that his wife shall have the use and  occupation of the farm c during her natural life c resolve b shall have the  term by way of executory devise and not by way of remainder the devise be of a  chattel may vest and revest at the pleasure of the devisor there be no  difference between a devise of land or a lease or farm for life remainder over  and a devise of the use or occupation or profit of the land in the same manner  after the executor have assent to the first devise the first devisee can bar  the executory devise a man may create a interest by his will which he can  create during his life by grant or conveyance at commonlaw a devise to  executor for payment of debt and until they be pay remainder over give the  executor but a chattel interest but if such estate be give by grant or  conveyance at commonlaw the law will adjudge it a estate of freehold one  possess of a lease for year devise it to his wife for life and after her death  to her child unpreferred and make his wife executrix and die the wife enter  and be possess as legatee the wife marry a judgement be obtain against the  husband and a become facias direct to the sheriff of London who sell the term  the judgement be reverse by writ of error the wife die upon ejectment bring by  the executory devisee against the vendee hold the sale by the sheriff on the  become facias shall not destroy the executory devise although the person to  who the executory devise be make be then uncertain also the sale by force of  the become facias shall stand and the plaintiff in the writ of error shall be  restore to the value Vid the entry   elt nu Skinner Swinb in debt for mark by  William clark plaintiff and Matthew man administrator of Edward man decease  upon plene to manage plead the jury give a special verdict to the effect  follow which plea begin mich James rot Edward man the intestate year Elizabeth  be possess of the moiety of a mill in Clifton in the county of Oxford for the  term of fifty year of the clear yearly value coke report a er p of and  afterward the say Edward man Elizabeth make his will in write sand thereby  devise his indenture and lease of the farm and mill in Clifton and all the  year therein to come to Matthew man after the death of mary man my wife which  farm and mill my will be that mary man my wife shall enjoy during her life  conditional that the say Matthew shall not demise sell or give the say lease  but to leave it whole to John his son c in the meantime my will and meaning be  that mary man my wife shall have the use and occupation both of the farm and  mill c during her natural life yield and pay therefore yearly to the say  Matthew man c during her natural life at the feast of saint Michael the  Archangel and the annunciation of our lady and make mary his wife sole  executrix and die mary take upon her the charge of the will and have not  sufficient to pay the debt of the say Edward man above the say term but she  enter into the say farm and mill and pay to Matthew man the yearly sum of  accord to the say will and a say that if she die the say Matthew man shall  have the farm and mill aforesaid and afterward the say mary sixteen year after  the death of her husband die intestate after who death the say Matthew man  enter into the say farm coke a and mill and be thereof possess prout law  demand and afterward administration of the good of the say Edward by the say  mary not administer be commit to the say Matthew and that none of the profit  of the say farm and mill which accrue in the life of the say mary come to the  hand of the say Matthew beside the say yearly as aforesaid and e doubt of the  jury be if the residue of the say term in the say farm and mill shall be asset  in the hand of the say Matthew but I conceive on the trial of the issue at  guildhall in London that the devise to Matthew be good and that there be  sufficient assent to the legacy by the say payment of the rend of but yet upon  the motion of the plaintiff counsel I be content that the whole special matter  shall be find as be aforesaid and the case be argue at the bar and at diverse  several day debate at the bench and prima fancy Walmsley justice conceive that  the devise to Matthew man after the death of the wife be void for the wife  have it devise to her during her life she have the whole term and the devisor  can not devise the b cro Elizabeth cro James b possibility over no more than a  man can do by grant in his life for that which the testator can by no advice  of counsel in his life c   b c the testator who be intend to be weak council  shall not do by his will but by the rant in his life he can not grant the land  unto the wife for her life the remainder over to another for by the grant the  wife have the whole term at least if she so long live and a possibility can be  limit by way of remainder and although the late opinion in the case where a  man possess of a lease for year devise it to one for life the remainder to  another have be that the remainder be good yet he say that the old opinion  which have more reason as he conceive be that the remainder in such case be  void h a die pl Bulst more post a Wentw palm a dyer Baldwin and Shelley that  the remainder be void Englefield contrary b die pl Bulstr b e Acc by hale and  Montague e title devise brook that the remainder be void for the devise of a  chattel for one hour be good for ever but coke chief justice Warburton Daniel  and foster contrary that the devise be good to Matthew man and five point be  by they resolve that Matthew man take it not by way of remainder but by way of  a c Bulst Jones lev Mod Rep more   b roll Rep Cr Elizabeth Cr James Cr car b n  c   a b Swinb brown h Br chat Bulstr c and c c executory devise and one may d  Swinb brown see cro car sander v Cornish dyer d devise a estate by his last  will in coke report b er p such manner as he can do by any grant or conveyance  in his life as if a man be seize of land in fee hold in socage and devise that  if a pay such a sum to his executor that he shall have the land to he and his  heir or in tail or for life c and die and afterward a pay the money he shall  have the land by this executory devise and yet he can not have it by any grant  or conveyance executory at the commonlaw but it stand well with the nature of  a devise so in the case coke b at bar when the wife die it shall vest in  Matthew man as by a executory devise as if he have devise that after a son  have pay such a sum to his executor that he shall have his term or that after  the death of a that b shall have the term or that after his son shall return  from beyond the sea or that a die that he shall have it in all these case and  other like upon the condition or contingent perform the devise be good and in  the meantime the testator may dispose of it and therefore in judgement of law  e   a keb Jo   b Mod Rep e ut res to greater extent to be strong the executory  devise shall precede and the disposition of the lease till the contingent  happen shall be subsequent as in the case at bar it be and so all shall well  stand together for when he make the executory devise he have a lawful power  and may well make it and afterward in the same will he have lawful power and  may well devise the lease till the contingent happen and therefore it be as  much f Swinb f as if the testator have devise that if his wife die within the  term that then Matthew man shall have the residue of the term and father  devise it to his wife for her life a in this case as well as in Lampets case  Rep b the devise over be to a person in be and ascertain the same doctrine  hold also in case where the ulterior devisee be not in be cotton v heath roll  ab pl Eq Abr pl or not ascertain amner v Loddington post p b SC and affirm on  error Leon and in equity the same doctrine extend to chattel personal Vachel v  Vachel I Chan Cas Freem Cas Catchmay v Nicholls I p wms Shirley v Ferrer p wms  Freem Cas hide v parrot p wms Freem Cas Lord Deerhurst v duke of saint Alban  mad Fearne count Rem vide Mr hargrave argument in Thelluson v Woodford Ves  Howard v the duke of Norfolk Swanst for a account of the rise and progress of  executory devise but when the use and the property can have no separate  existence it shall seem that the old rule must still prevail and that a  limitation over after a life interest must be hold to be ineffectual per sir  win grant m r Randall v Russell Meriv a the case be more strong because this  devise be but of a chattel whereof no prcipe lie and which may a Swinb a vest  and revest at the pleasure of the devisor and without any prejudice to any and  therefore if a man make a lease for year on condition that if he do not such a  thing the lease shall be void and afterward he grant the reversion over the  condition be break the grantee shall take b   b a   b   light b a blow b a Cr  Elizabeth roll Leon b benefit of this condition by the commonlaw for the lease  be thereby absolute void but in such case if the lease have be for c   b    light Plowd b c life with such condition the grantee shall not take the  benefit of the breach of the condition for a freehold of which a S lie can so  easy cease but be voidable by entry after the condition break which can by the  commonlaw be transfer to a stranger b Vid note n sir moil Finchs case   a note  f pennant case   a b and therewith agree d   a d h a and Br condition marry by  Bromley the same difference there be no difference when one devise his term  for life the remainder over and when a man devise the land or his lease or  farm or the use e Bulst Bulstr march post b godb Swinb jenk cent   a b Plowd b  cro Elizabeth   light b e or occupation or profit of his land c Vid Lampets  case Rep b mallet v Sackford cro James wright v Cartwright burr roll ab devise  king so in the case of good no difference be now admit between a devise of  they for life and a devise of the use of they for life Freem case in Ch p case  hide v parrot p wms Fearne count Rem c for in a will coke report a er p the  intent and meaning of the devisor be to be observe and the law will make  construction of the word to satisfy his intent and to put they into such order  and course that his will shall take effect and always the f Plowd b a Bridgm    light cro car f intention of the devisor express in his will be the best  expositor director and disposer of his word and when a man devise his lease to  one for life it be as much as to say he shall have so many of the year as he  shall live and that if he die within the term that another shall have it for  the residue of the year and although at the beginning it be uncertain how many  year he shall live yet when he die it coke a be certain how many year he have  live and how many ear the other shall have it and so by a subsequent act all  be make certain that after the executor have assent to the first devise it lie  not in the power of the first devisee to g die pl pl cro James more brown cro  car Bulstr Bulstr roll g bar he who have the future devise for he can transfer  more to another than he have himself d Acc Lampets case Rep b and a forfeiture  incur by the first devisee of the term by make a feoff of the land will not  destroy the executory devise over cotton v heath Pollexf it seem to follow as  a consequence of this exemption of executory interest from the power of the  first devisee or legatee that where there be a interest devise to one for life  c out of a term and then a executory devise over of the residue of the term to  another any subsequent union of the freehold or inheritance with the interest  so give to the first devisee will not extinguish or affect the interest of the  ulterior devisee for if it can the executory interest may easy be annihilate  without any prejudice to the temporary interest of the first devisee by  collusion betwixt he and the reversioner Fearne count Rem Vid Hannington v  Rudyard cite in Lampets case Rep a and note ib the same doctrine that  executory interest can be bar by the act of the first devisee extend to  executory disposition of personal chattel Cadogan v Kennet Cowp Foley v  Burnell brown parliament Cas hoar v Parker TR hartop v hoar atk earl  Macclesfield v Davis Ves and beam Fearne count Rem to prevent perpetuity the  contingency upon which a executory interest of this nature be permit to take  effect must happen within the compass of a life or life in be and twentyone  year after allow a short time for the birth of a child en ventre sa mere  Thelluson v Woodford Ves long v blackall TR Goodtitle v wood ib n SC will  porter v Bradley TR it be a establish rule that the limitation of a term after  a general failure of issue be void as be too remote saltern v saltern atk  beauclerk v dorm atk if however the testator make use of word in his will  which indicate a intention to confine the generality of the expression of die  without issue to die without issue live at the time of the person decease they  will be so construe to effectuate the intent as where a testator devise to his  son a for life and no long and after his decease to such of a s issue as a  shall by will appoint and in case a shall die without issue then be devise the  land over these word upon the whole of the will be construe to mean issue live  at his death because it be to be intend such issue as a shall or may appoint  the term to videlicet issue then live target v gaunt I p wms and Vid Fearne  count Rem and the case collect there where leasehold estate be give to a  person and the heir of his body with a limitation over if he die and the  testator use the word and leaves no such heir the settle construction be that  it mean at his death per Lord chancellor Eldon crook v de Vandes Ves but a  different construction prevail in the case of real estate ib Daunsey v  Griffiths m and S glover v Monkton bing and the case cite there from the  certificate of the judge of c b in beard v Westcott taunt it will seem that  they be of opinion that a executory devise may be limit to take effect  twentyone year after a life in be without reference to the birth and infancy  of the devisee who be then to take but the judge of the court of king bench to  who another case be direct to be send seem to have be of a contrary opinion  beard v Westcott barn and Ald and their decision be approve of by the Lord  chancellor Eldon turn from the same case it will also seem that where a  precede particular estate be void on account of a perpetuity the remainder  dependent upon it be also void such limitation as in man case sup may be  create not only by will but also by deed wright v Cartwright bar and such  limitation be govern by the same rule as executory devise of a term Fearne  count Rem d coke report b er p in many case a man by his will may create a  interest which by grant or conveyance at the commonlaw he can create in his  life and therefore when sir William a   light a Cr Elizabeth Jones roll raym  side Bulst alein lev a Cordell master of the roll devise his manor of Melford  c in the county of Suffolk to his executor for the payment of his debt and  until his debt shall be pay the remainder to Edward his brother c and make  George Carey and other his executor and die and after his death the debt be  pay and his wife demand dower and one question among other be move what  interest or estate the executor have for if they have a freehold then the wife  shall not have dower and if they have but a chattel determinable upon the  payment of the debt then she shall be endow and this case be refer to Anderson  chief justice of the common plea and Francis gawdy justice of the king bench  before who the case be at several day debate pasch Elizabeth and I be of  counsel with the executor and it be resolve by they that the executor have but  a chattel and no freehold for if they shall have a freehold for their life  then their estate will determine by their death and not go to the executor of  the executor and so the debt will remain unpay but the law adjudge it a  particular interest in the land which shall go to the executor of the executor  as asset for payment of his debt but if such estate be make by grant or  conveyance at the commonlaw the law will adjudge it a estate of freehold and  so a more favourable interpretation be make of a will in point of interest or  estate to satisfy the will of the dead for the payment of his debt than of  agrant or conveyance in his life which he man enlarge or make other provision  at his pleasure and so be it resolve in the beginning of the reign of queen  Elizabeth that where a man have issue a daughter and devise his land to his  executor for the payment of his debt and until his debt be pay and make his  executor and die the executor enter the daughter marry and have issue and die  and after the debt be pay it be resolve in the case of one Guavarra that he  shall be tenant by the courtesy e Acc roll ab estate d price v Vaughan alein    Litt a but feoff to the use of a for life remainder to the use of b his  executor and assign till ten pound shall be levy out of the profit rule to be  a chattel hall ms hark   Litt a the difference be between a limitation of use  to a man till raise that perhaps in a use for it be not so clear as in a  devise may be a chattel but if it be limit to the use of a man and his heir  till raise it be a limit feesimple per sir Bridgman CJ Bosworth v forward  Bridgm and with ib Thomason v Mackworth e vide h h ass p h note reader it have  be of late often adjudge accord to these resolution know in weldons a brown  blow Leon Leon a case Plowdens commentary in common banc in paramour b Brownl  blow Leon Leon b case Plowdens commentary in the king bench mich and Elizabeth  n a writ of c Leon Leon godb and roll c error in the king bench on a judgement  give in the common plea the case be coke report b er p such Thomas coke b d  jenk cent more Bulst roll Leon Leon Counterfeit Litt a godb d amner bring a  ejection firm against Nicholas Loddington on a demise make by Alice  Fulleshurst for seven year of certain house in London and on not guilty plead  the jury give a special verdict Hugh welldone be seize of the say house in fee  and h demise they to Thomas pierpoint for ninetynine year who by his will in  write devise his say lease in these word I devise my lease to my wife during  her life and after her death I will it go to her child unpreferred and make  his wife his executrix and die his wife enter and be possess ration gift et  embassy and marry with sir Thomas Fulleshurst and afterward and Phil and mark  Bestwick recover against sir Thomas debt in the common plea and by force of a  become facias direct to Altham and Mallory sheriff of London the say   light a  term be sell to Nicholas Loddington the now defendant and afterward the  judgement against the say sir Thomas Fulleshurst be reverse in a writ of error  in the king bench et quod ad in all respects queen amisitratione judgment prd  to set up again and afterward Alice the wife and executrix die Alice  Fulleshurst be then the only daughter who be unpreferred enter and make the  lease to the plaintiff Thomas amner and this case be often argue at bar by the  sergeant in the common plea and at last by the judge and in this case three  point by they be resolve that the say a roll godb jenk cent cro Elizabeth a  executory devise of the lease after the death of the wife to the daughter  unpreferred be good and there be no difference when the term or lease or house  b ante b Bulst Bulst march godb Swinb   a b Plowd a cro Elizabeth b and when  the use or occupation c be devise and that in all these case the executory  devise be good that the sale either by Alice the wife or by the sheriff on the  become facias after the wife be possess as legatee shall not c roll Bulst Leon  and c destroy the executory devise although the person to who the executory  devise be make be then uncertain as long as Alice the wife live for the say  Alice the daughter may have be prefer in her life and then she shall take  nothing so that such executory devise which have dependence on the first  devise may be make to a person uncertain and this possibility can be defeat by  any sale make by the first devisee c that the sale by the sheriff by force of  the become facias d post a roll more die pl Cr Elizabeth Cr James   b jenk  cent Yelv Leon Leon godb post a d shall stand although the judgement be after  reverse and the plaintiff in the writ of error restore to the value for the  sheriff who make the sale have lawful authority to sell and by the sale the  vendee have a absolute property in the term during the life of Alice the wife  and although the judgement which be the warrant of the become facias be  afterward reverse yet the sale which be a collateral act do by the sheriff by  force of the become facias shall not be avoid for the judgement be that the  plaintiff shall recover his debt and the become facias be to levy it of the  defendant good and chattel by force of which the sheriff sell the term which  the coke a defendant have in the right of his wife as he e   Litt a post a e  well may and the vendee pay money to the value of it f Vid note c hoe case   b  f and if the sale of the term shall be avoid the vendee will lose his term and  his money too and thereupon great inconvenience will follow that none will buy  of the sheriff good or chattel in such case and so execution of judgement  which be the life of the law in such case will not be do and accord to these  resolution judgement be give in the common plea for the plaintiff and in the  king bench upon a writ of error the case be often argue at the bar before sir  Christopher Wray and the court there and at length the judgement be affirm and  so the say three point be adjudge by both court and by these latter judgement  you will better understand the law in the book in which there be variety coke  report b er p of opinion h h Br title chattel e title devise Br h a die pl  before a Bulst more Wentw palm a dyer blow Com in weldons and paramour case c  because judge m are in lege fortiora