case spalding against spalding explain Eastwood v lockwood lr Eq a devise to a  and the heir of his body in fee after the death of b and if a die live b that  c shall be his heir shall be intend if a die without issue in the life of b  and not as enure to defeat the precedent estatetail SC Bulst S p lev cro James  peer wms vent Fearne will Rep will Rep ld raym burr stram Com dig Powel on day  pale yellow on day case tempt Talbot amblers Rep Cowp dougl term Rep term Rep  error of a judgement give in Ely upon a special verdict the case be that John  Spalding have issue three son John Thomas and William he devise the land in  question to John his old son and the heir of his body after the death of Alice  the devisor wife and if John die live Alice that William shall be big heir  also he devise other land to Thomas and the heir of his body and if he die  without issue that then John shall be his heir and he devise other land to  William and the heir of his body and if all his son shall die without heir of  their body that then his land shall be to the child of his brother John die  have a son in the life of Alice Alice die and William enter upon the son of  John and whether his entry be congeable be the question it be adjudge in the  court at Ely that the entry of William the son of John in the life of his  brother John son be lawful and this point be assign for error Hedley sergeant  now move that the judgement be well give for he pretend this devise be to the  heir of his body and if he die live the say Alice that William shall be his  heir that it be a limitation to the estate orJohn if he die in the life of  Alice that then William shall be his heir for that tantamounts that the land  shall remain to William present and it be not mention that if he die croak car  er p live Alice without heir of his body so it be a contingent estate to  William and be rely upon Edward title do and the case of pell v brown in this  court a but all the court conceive upon the whole context of the will that it  be to be construe accord to the intent of the party and that the construction  shall be that if John die without issue live Alice that then William his young  son shall have it and it shall not be construe where be limit it first to John  and the heir of his body that by this limitation he intend if be die live  Alice that William shall be his heir John have croak car issue and thereby to  disinherit the heir of John body and what be his intent appear by the other  part of the will that the other son shall have other land to they and the heir  of their body and if they all die without issue that it shall be to his  brother child not meaning to disinherit any of his child and it shall not be  such a contingent remainder or limitation to abridge the former express  limitation wherefore they all conceive that during the time John shall have  heir of his body William shall not have the land whereupon the judgement be  reverse