188 MAXIMS OF THE LAW. 



and is not supported and made of substance either by 

 a foreign intendment of some purpose, in regard where 

 of it might be material, nor upon any cause emerging 

 afterwards, which may induce an operation of those idle 

 words. 



32 H. 8. And therefore if a man demise land at this day to his son 



&quot;^ M* Qn&amp;lt; ^ ^ eir ^ S * s a vo ^ devise, because the disposition of 



er 



Br. devises, * aw did cast t ^ le same u P on tne heir by descent ; and yet 

 41. if it be knight s service land, and the heir within age, if he 

 take by the devise, he shall have two parts of the profits 

 to his own use, and the guardian shall have benefit but of 

 the third ; but if a man devise land to his two daughters, 

 having no sons, then the devise is good, because he doth 

 29 II. 8. alter the disposition of law ; for by the law they shall take 

 ity- 12. j n copercenary, but by the devise they shall take jointly; 

 and this is not any foreign collateral purpose, but in point 

 of taking of estate. 



So if a man make a feoffment in fee to the use of his 

 last will and testament, these words of special limitation 

 are void, and the law reserveth the ancient use to the 

 feotfbr and his heirs ; and yet if the words might stand, 

 then might it be authority by his will to declare and 

 appoint uses, and then though it were knight s service 

 land, he might dispose the whole. As if a man make a 

 feoffment in fee, to the use of the will and testament of a 

 stranger, there the stranger may declare a use of the 

 whole by his will, notwithstanding it be knight s service 

 land ; but the reason of the principal case is, because uses 

 before the statute of 27 H. 8. were to have been disposed by 

 will, and therefore before that statute a use limited in the 

 form aforesaid, was but a frivolous limitation, in regard of 

 the old use that the law reserved was deviseable ; and the 

 19 H. 8. 11. statute of 27 altereth not the law, as to the creating and 



5 Ed. 4. 8. limiting of any use, and therefore after that statute, and 



before the statute of wills, when no land could have been 

 devised, yet was it a void limitation as before, and so con- 

 tinueth to this day. 



But if I make a feoffment in fee to the use of my last 

 will and testament, thereby to declare an estate tail and 

 no greater estate, and after my death, and after such estate 

 declared shall expire, or in default of such declaration then 

 to the use of I. S. and his heirs, this is a good limitation ; 

 19 H. 8. 11. and I may by my will declare a use of the whole land to 



6 Ed. 4. 8. a stranger, though it be held in knight s service, and yet I 



have an estate in fee simple by virtue of the old use during 1 

 life. 



