case peacock versus spooner SC Freem question lion v Mitchell mad Bartlett v  green sim loveliness novembris in court lord commissioner Ant case post can  term assign in trust for baron and feme for their life remainder in trust for  the heir of the body of the feme by the baron baron and feme die the term  shall go to the heir of the body of the feme by the baron and not to her  executor or administrator the word heir of the body be a good description  story person a term of nine hundred year be assign to trustee in trust to  permit and suffer the husband Vernon chancery case and wife and the survivor  of they to receive the profit for so many year of the land as they or the  survivor of they shall happen to live and after Vernon chancery case er p  their death to the use of the heir of the body of the wife by the husband to  be beget question whether the word heir of the body be word of limitation only  a description of the person so as the heir of the body shall take by purchase  per cur hold that the heir of the body take by way of purchase and as a person  well describe and the limitation of the term to they good and therefore  dismiss the bill that be bring by the executor of the wife as suppose the term  belong to he Reg lib b fol on a rehear note the Lord chancellor jefferies in  eightyeight have decree it for the plaintiff ante p note in this case they  cite the case of wareman and seaman and rely upon it as also Bowman and Yates  where the word heir of the body be look upon to be a good description of the  person intend to take in a settlement make on a second marriage although there  be issue by a former wife and so he be not in strictness heir Wilds case in  cook report be not allow to be law vide ware v Bradley ante note this decree  and dismission be affirm upon a appeal to the house of lord the follow be a ms  note of the late Mr Cox of Lincoln inn have often hear the case of peacock v  Spooner question and that the judge differ in their opinion upon it I sometime  ago get a copy of the minute upon it in the lord journal where it stand thus  Feb chief baron Atkins of opinion for the plaintiff the administrator that the  term belong to the administrator of the wife and that the limitation to the  heir of the body be not good Nevil justice of a contrary opinion he say the  estate to mary the wife and the child be good be in consideration of the  marriage next Gregory justice be against the last decree he say have it be a  limitation to a man and his issue the whole will be in the first person for  otherwise it will be a perpetuity and declare his opinion that this limitation  over be not good baron Lechmere differ from Gregory he say the case I mention  do not come up to this this be a singular case the husband will run away with  the whole substance of his wife family peacock the administrator have not a  good title Rokeby justice next say I differ from my brother that speak last  the wife have the whole and therefore the husband come in so that he be of  opinion for the plaintiff Powell baron be of the same opinion that the decree  of Lord Jeffries be right Turton justice be of the same opinion the major part  be of opinion that the administrator of the wife be well entitle but  notwithstanding the decree of the lord commissioner be affirm the use which I  make of this be to show that the resolution depend mere and only upon the  construction of the limitation and not upon any extrinsic circumstance  whatsoever I have a manuscript note of this case of peacock and Spooner as  determine by Lord Jeffries to which the follow note be add but this case be  afterward reverse by the commissioner of the great seal and their reversal  affirm on appeal to the lord and a difference between a limitation of a term  to one and the heir of his body and the limitation to one for life and  afterward to the heir of his body vide villiers v villiers in Ch lib h h n b  the editor have search the print journal of the house of lord but have not be  able to find a entry of this date Dafforne v goodman post et vide Hayter v rod  p wms vide web versus web Feb post p wms S Davis v Gibbs p wms arg bead v  Snell atk a decree at the roll ground upon the case of peacock and Spooner  reverse and decree the limitation to the heir male void and that the whole  vest in the father by the limitation to he for life remainder to the heir of  his body