case PINBURY and elkin refer to in re Cresswell Ch d February Chan case Chan  case Eq Abr pl vern vern S c roll Abr wms S c and wms wms vent side Barnardist  Fitzgib pollexfen vin Abr title devise pl strange case tempt Talb vezey vezey  atk atk atk burrow brown parliament case and brown Rep fearne count Rem to  brown parliament case the reference mark with a asterisk be to authority in  which the devise over be hold to be void the case refer to in atk beauclerk v  dorm particular merit the attention of the reader in which Lord Hardwicke have  pronounce a very elaborate decree and comment upon the material authority  respect this point a devise all his personal estate to his wife provide that  if she die without issue by I then pound shall remain to my brother I d and  make his wife executrix I d die in the lifetime of the wife and after the wife  die without issue whether this limitation to I d be good so as to entitle his  administrator to it Q a man by his will devise all his good chattel and  personal estate to his wife Esther provide that if she die without issue by I  then pound shall remain to my brother John Davis and make his wife executrix  and die John Davis die in the lifetime of the wife and then the wife die  without issue and this bill be bring by the administrator of John Davis for  the pound and the only question be whether the plaintiff have any title to it  upon the word of this will there be no doubt make but that if the devise over  to John Davis be good the plaintiff as his administrator will be entitle to it  though he die in the lifetime of the wife the first devisee but whether the  devise over in this case be good be the question Vid brown Rep where this  point be ample discuss precedent in chancery it be argue that it be because  the die without issue of the wife must be intend die without issue at her  death and not whenever there shall be a failure of issue of the wife which may  happen year hence or more for that will be a perpetuity and not to be endure  and therefore as die without issue have a twofold meaning videlicet either die  without issue at the time of her death or die without issue whenever the issue  fail it shall not be construe in the remote sense of those word but in the  near and most natural sense thereof which confine it to the time of her death  and then the devise over be good and consequent the plaintiff well entitle to  it and a case of Nicholls versus Hooper wms be cite by Mr William to that  purpose but it be argue on the other side that the construction must be make  from the import of the word as they stand at the time of the will and not from  any accident after that her leave no issue at the time of her death be a  accident subsequent to the make of the will and therefore of no force to  influence the construction of this will that the word be general and not  confine to the time of her death and therefore whenever the issue fail by the  import of this devise the pound be to remain over but that be unlimited and  tend to a perpetuity of a chattel be against all the rule of construction  hitherto allow which have never be carry beyond the compass of a life or life  in be that it be true if the devise over be good in its creation the plaintiff  will be entitle to it notwithstanding the death of John Davis before it actual  vest in he for though it be but a bare possibility and can not have be grant  or assign by John Davis yet it may have be release or however will vest in his  executor or administrator but here it be void in its creation and against the  rule of law hitherto allow precedent in chancery my Lord chancellor take time  to look into the will but seem to be of opinion for the devise and take a  difference between a devise to one and the heir of his body and that if he die  without issue then to remain over and the devise in the present case which be  only to the wife general and if she die without issue ante that precedent in  chancery er p in the first a limitation of a chattel over will be void but in  this case it be not a devise over but a contingent or condition precedent  which be fulfil by the death of the wife without issue the devise over may  take place as a new original devise not as a remainder for by the devise to  the wife general the whole interest be not absorb or take up as it be in case  of a devise to her and her issue and therefore upon the happen of the  contingency it may take place but this be think by several to be all one and  will introduce a perpetuity since not confine to the death of the wife or any  time certain and who must have it in the mean time but my Lord will consider  of it see his lordship decree in favour of the plaintiff wms precedent in  chancery de boundary paschae in curian porter