case Hilliard vers Jennings in b r Eq Abr pl Freem SC Carth SC Carthews report  of this case be say by Blackstone justice to be the best because he be counsel  in the cause Bl Rep Mod S c ld raym S c this be a action upon the case upon a  feign issue direct by the court of chancery to try whether a devise of land in  the county of Somerset be good comens er p and upon a special verdict the case  appear to be this Thomas Jennings husband of the defendant be seize in fee by  his will comens date the that of December devise in these word I give to my  son Thomas Jennings my land in somersetshire a d to his heir and if my say son  Thomas die without issue of his body or before his age of twentyone year I  give the same land to my two daughter equal to be divide c afterward the  testator die leave issue Thomas his son and two daughter the son attain the  age of twentyone year and then make his will in write which be execute in the  presence of a and b and William Hilliard the plaintiff and thereby devise the  same land to William Hilliard the plaintiff and afterward die without issue  and it be argue by Carthew for the plaintiff and he insist first that Thomas  the son have a estate in fee which he may devise second that the will be well  execute although the plaintiff who claim by the will be one of the witness to  it and as to the first point he insist that the devise to Thomas the son by  the father will and if he die without issue or before his age of twentyone  year be a estate in fee and not in tail for the word or ought to be take  conjunctive as and and the word be tantamount as if he have say if my son  Thomas die without issue before his age of twentyone year and it be resolve in  the case of soul and Gerrard more cro Elizabeth cro Elizabeth Noy a that if a  man devise to his son and his heir and if he die before the age of twentyone  or without issue to b the word or shall be take and and so in the present case  as to the second point he insist that here be three credible witness accord to  the word of the statute car c S vide Geo c bull Ni Pri edit p b for although  the plaintiff can be examine as a witness in his own cause yet the will be  prove by other witness he be a credible witness to the will although not in  this cause and there be a diversity between a person who be infamous and  incapable to be a witness at all and such a one who may be a witness but in a  particular case be not allow to be examine in respect of his interest and he  insist that the statute comens which be make for the prevent of fraud and  perjury ought to be expound favourable as in sir George SheerCarth salk Eq Abr  pl bull Ni Pri edit p p wms Doug c case where the witness to a will have  subscribe their name in another room and because the testator if he have be  raise in his bed may have see they through a glass door it be hold a attest in  his presence vide infra p