case kennedy against ackland a this case be transcribe from the manuscript of  Mr short a Hilary term Geo Hugh ackland the father be tenant in tail of the  land in question with the feesimple expectant devise they to his son Hugh  ackland and die leave issue two son Hugh and John and three daughter Margaret  Elizabeth and mary who all die without issue Hugh ackland son of Hugh the  testator be thus seize marry his first wife Philippa on who the land be settle  in special tail and Hugh by that settlement be tenant in tail with the fee  expectant upon failure of issue Hugh by Philippa his first wife have issue two  daughter Rebecca and Joan modern report er p and by Christian his second wife  two more Eleanor and Emma John the second son have issue Hugh ackland the  present defendant and be dead b modern report Hugh ackland son of the first  testator Hugh die leave issue four daughter the estate which be create by the  marriagesettlement with the first wife Philippa descend on the first two  daughter of that marriage there be no son but the reversion in fee fall on all  the four daughter equal they be all relate in equal degree to the common  ancestor Hugh ackland and it be upon this descent of the fee that the present  question arise Joan and Rebecca die without issue or without docking the  entail as also do Eleanor one of the daughter by the second wife Christian  Emma be thus leave the only survive daughter intermarry with Thomas Kennedy  who be since dead leave his brother William Kennedy his heir at law and as  such he claim the estate in question Emma the wife of Thomas Kennedy upon her  marriage with he levy a fine c to the use of that marriage c the defendant  Hugh ackland claim as son and heir to John ackland brother to Hugh ackland the  second and heir at law to Rebecca and Joan on who he say the moiety of the fee  descend after the death of their father Hugh ackland the second for be of the  whole blood to they as their uncle he will be entitle to such moiety if it do  so descend on they before their halfsister Eleanor and Emma the plaintiff  William Kennedy claim as heir at law to Thomas Kennedy his brother who marry  Emma on who he insist the whole fee descend after the death of Rebecca Joan  and Eleanor as heir at law to Hugh ackland the second who be the last person  actual seize of the freehold the question be whether as the estatetail be  spend in Joan and Rebecca by their die without issue and not have dock the  entail and moiety of the fee so descend on the say Joan and Rebecca as to make  John their uncle and heirgeneral take their moiety by descent or whether as  Hugh ackland the second be the person last actual seize of the freehold and  inheritance Rebecca and Joan not have dock the entail the two daughter by the  second venture Eleanor and Emma after the death of their sister take the whole  reversion in fee as heir to he Hardwicke Lord chancellor be of opinion that  the tail be spend in Joan and Rebecca by their die without issue and that a  moiety of the fee do not descend on they so as to entitle John ackland their  uncle and heir at law to it after their death but that as Hugh ackland the  second be the person last actual seize of modern report er p the freehold and  inheritance Emma his daughter by the second wife will be entitle to the whole  fee as heir to her father and sister Eleanor and from her husband Thomas the  plaintiff William Kennedy will have a good title as his heir at law n b Mr  fazakerley be of a contrary opinion and think that a moiety of the fee descend  on Rebecca and Joan and from they Hugh the defendant be entitle to their  moiety