case GOODRIGHT versus wright Mod stram Eq can ab pl devise to a and his issue  remainder to b and his issue remainder to the heir of a a die without issue in  the life of the testator b die in the life of the testator leave issue who be  also the heir of a the issue shall not take a estatetail as issue of b nor the  remainder in fee as heir of a special verdict in ejectment upon this case one  seize in fee devise the land to a and his issue remainder to b and his issue  remainder to the heir of a a die without issue in the life of the testator and  b die in the life of the testator leave issue the defendant who be also the  heir of a and the plaintiff in ejectment be the heir of the testator the  question be whether in regard the devisees a and b die in the life of the  testator the issue of b who be bear after the make of the will and so can not  take joint with the devisees can take either as heir of the body of b or as  right heir of a and the opinion of the whole court be thus deliver by c I  Parker this case be exact within the reason of bret and Rigdens case Plowd  saint because as well in this case the word issue as in that the word heir be  clear use as a word of limitation videlicet to measure out the quantity of  estate that the devisee be to take and not as a word of purchase the devisee  only be in the view and consideration of the testator and the word peer  William heir or issue mention for nothing else but to limit what estate the  devisee shall take and there be no diversity betwixt a devisee in fee and a  devisee in tail the statute of Westminster the second make none for that only  provide for the issue in case where a estatetail be actual create and vest but  make no diversity at all in the rule of law concern the peer William er p  creation of estatestail which be exact the same as to the intent of the  devisor or as to the vest the estate as those relate to estate in feesimple  the statute de gift be make for the benefit of the issue in tail which suppose  a estate in tail in the ancestor which be the question here and the statute de  gift be call the nurse and not the mother of estatestail dly because the heir  in tail be absolute in the power of the ancestor to be bar by he since the  statute of h of fine a d the construction of law which establish common  recovery as much as the heir in feesimple be in the power of his ancestor and  therefore as well in case of a estatetail as of a feesimple the devisor can be  intend to have have any consideration for or regard to the heir since in both  case the devisor give the devisee such a estate as enable he absolute to bar  his heir dly another reason why the heir can take when the devisee die in the  life of the devisor be because he can take by descent for that nothing be ever  in the ancestor and if he shall take as a purchaser then the estate will be  descendible contrary to the intent of the devisor for if the ancestor have  take the estate and it have descend to the heir the rule of descent have be  quite different from what they will have be vide Littleton sect if the heir  have take as a peer William purchaser then as to the remainder in fee limit to  the heir of a it be also the opinion of the court that the heir general can  take it for the interposition of the estatetail to b betwixt the estatetail  limit to a and the remainder in fee limit to his right heir make no difference  because notwithstanding the mean remainder the word heir be a word of  limitation of estate and the feesimple vest in the ancestor Inst b b and if a  have survive the testator the remainder in fee will have vest in he and  therefore it be within the reason of bret and Rigdens case and the rule lie  down in I   Shelleys case videlicet whether the limitation to the right heir  be mediate or immediate yet where the ancestor have before a estate for his  life the heir shall take by descent and not by purchase ante Hayter v rod and  thus have the law be long clear settle as to this point even ever since bret  and Rigdens case vide more cro Elizabeth but on this occasion I have be the  long in deliver the judgement of the court because of some late endeavour to  invalidate this rule which by the way may make it proper oh observe that the  alter settle rule concern property be the most dangerous way of remove  landmark vide Lord lansdown case in b r mich and that of Hutton v simpson ux  vern pre Charles but then with respect to this remainder in fee limit to the  heir of a it have be urge that though the rule of law be certain that whenever  a ancestor take a estate for life and afterward a limitation be to his heir in  such case his heir can be purchaser yet in this case a die in the lifetime of  the testator a himself never take but the devise to he be void and therefore  his right heir may take by peer William purchase like the case where a feoff  be make to the use of a for life remainder to b in tail remainder to the right  heir of a and a be dead at the time of the feoff the right heir of a shall  notwithstanding take the remainder in fee and   Litt sect be cite to prove  that a particular estate and a remainder may continue distinct in the same  person but to this the answer be that the construction of the will must be  accord to the import and meaning of the word at the time of make of the will  which in the present case be plain to devise a feesimple to the ancestor and  it will be wrong to interpret it accord to any accident ex post facto as here  the die of the devisee in the lifetime of the devisor and as to the case put  of the feoff it seem that the remainder in fee will be void because there be  no such person as a in a thing naturan and it be all one as if the limitation  have be to a and his heir and there have be no such person as a in be so here  the devise to a and then by way of remainder after a mediate estate to the  heir of a seem all one as if it have be to a and his heir by one limitation  and that a have be then dead judgement for plaintiff against the will so  Hutton v Simpson vern and S g by the name of simpson v Hornsby pre Charles  Hodgson v Ambrose Doug Warner v white bro g c note Toml p c east note d S c  and see do v kett t r brown v Higgs Ves do v Colyear east peer William er p