case tyte versus Willis Dec a devise land to I his wife for life then to his  son h for life then to his son g and his heir for ever if he die without heir  then to his two daughter king and l this be a estatetail in g George tyte  devise his land c to his wife jane for life remainder to his son Henry for  life remainder to his son George and his heir for ever and if he die without  heir then to his two daughter Katherine and jane the question be whether  George take a feesimple or only estatetail and the case of web and herring cro  James be cite to prove that where a devise be to one and his heir and if he  die without heir remainder over to another who be or may be the devisees heir  at law such limitation shall be good and the first limitation construe a  entail and not a fee in order to let in the remainderman but where the second  limitation be to a stranger it be mere void and the first limitation be a  feesimple case tempt Talbot Lord chancellor in this case George take only a  estatetail the difference which have be take be right and the reason of it be  that in the latter case there be no intent appear to make the word carry any  other sense than what they import at law but in the former it be impossible  that the devisee shall die without a heir while the remainderman or his issue  continue and therefore the generality of the word heir shall be restrain to  heir of the body since the testator can not but know that the devisee can not  die without a heir while the remainderman or any of his issue continue Mod  bowl Rep Bulst S p adjudge and a diversity take by the whole court when a  remainder be limit to a collateral heir and when to a mere stranger Allen v  Spendlove Eq Cas Abr Parker v thatcher lev Nottingham v Jennings p will  attorney general v Gill p will tilburgh v barbut Ves where in a devise to one  and his heir and if he die without heir remainder to his half brother and  devise be hold a fee and the remainder void this be a devise over to a  stranger as the law consider he and who can not in any wise inherit as heir to  his brother the first devisee atk S c S p and admit in Goodwright v Dunham  Doug Morgan v Griffiths Cowp hanson v Fyldis Cowp Rep case tempt Talbot er p