Comes Sterling contra Levingston, 24 Car. 2. fo. 113. & 432.

THat Sir Peter Vanlore the Elder be∣ing seised in Fee of the Lands, by Deed Covenanted to stand seised thereof to several uses, under which all parties to the Suit claim several parts of the pre∣misses; and here being a Proviso in the said Deed, That if young Sir Peter Vanlore, or the Issue (whose Issues and Heir the now Plaintiffs are) should attempt to impeach the said Settlement, that then the uses to him and them limited by the said Deed should be void, and that by the death of several persons, several parts of the pre∣misses were accrued to the said Plaintiffs, but that by reason of the said Proviso and several Ambiguities in the said Deed, it was doubtful to what parts the Plaintiffs,* the Heirs general, were intitled unto, so to be protected against the said Proviso, and to have the partition of the Lands is the Bill.

His Lordship declared, it was most fit that a Trial at Law be had touching the Plaintiffs Right and Title, and that such Action to be brought shall not be taken or construed a breach of the Proviso afore∣said, or forfeiture of the Plaintiffs Right and Title to the premisses.