case brice vers smith in c b if a estate be give to a man and his heir and if  he die without issue remainder over those word be explanatory of the word heir  and make a estatetailVide above p the case of Nottingham v Jennings where this  point be full discuss Eq Abr pl SC Str term Rep to a action of formedon the  defendant plead ne do pass on the trial a will be produce date the that of  July make by Philip Brice grandfather of the demandant whereby he devise the  premise to his son Philip the father of the demandant and his heir on  condition that he pay to his brother William c then devise copyhold land to  his other son in like manner and in case any of ray child die without issue  then I give the estate of he or they so die to the right heir of they or he so  die for ever no subscription be sign seal and publish c but only the name of  witness subscribe a verdict be find for the plaintiff sergeant wright insist  that this be a estatetail in his son Philip in the case of Dutton v engram in  cro James Poph S c a a devise to his old son and his heir on condition c and  if he die without heir of his body then to his other son and his heir and hold  a estatetail in the old son so in the case of Gilbert v witty in cro roll Rep  S c b there be a devise to his son and heir and if he die without issue to his  wife Margery c so Lutw cro Elizabeth Noy S c c more SC ray comens sergeant  Eyre contra the first question leave to the court be whether there be  sufficient proof of the will but it be answer this be a fact leave to the jury  dly this be a estate in fee for the devise be to Philip and his heir express  and no limitation if he die without issue to any other person as in the case  cite but to the right heir of the devisee himself devise to three daughter and  heir comens er p and if either die without issue then to I S the three  daughter have a estatetail and not a fee for the limitation of the remainder  over explain what heir he mean which import if no remainder over the estate  will be a fee roll Abr pl so in Leon and Leon I give my land in a to my son  John in b to my son Stephen in c to my son Roger and if any live to full age  and have issue to they and their heir in like manner but if any die without  issue of his body devise over by Inst they have a fee and so at last it be  resolve by the whole court the chief justice seem of opinion for the demandant  for the word if he die without issue be explanatory of the word heir in the  first part of the will and show that in the first word the testator mean to  give to his son Philip and his heir that be such heir as be the issue of his  body and afterward to his right heir general if land be give by deed to a man  and his heir be understand to he and the heir of his body that make a  estatetail but it be say that the tenant in this case be a purchaser and  therefore a further argument desire which wag grant and therefore adjourn and  afterward pasch Geo judgement be give for the demandant by the whole court