case SHAILARD against baker and his wife easter term Elizabeth roll a devise  to his two son and if either of they or their heir do sell it that the gift  shall he void and direct a annuity to he pay by they to his old son and his  heir convey a estate in fee ante ejection firm of a lease of Hearcroft upon a  special verdict the case be that one Rohert hunt be seize in fee of the land  where e and have issue three son videlicet William the old croak Elizabeth son  by one venture and James and Francis and a daughter Amie who be the wife of  baker the defendant by another venture and devise those land to James and  Francis his son and if either of they or their heir do sell the same the gift  of it shall stand void and so return to the whole heir again and in another  part of his will he will that James and Francis his son shall pay annual to  William hunt his old son and his heir Rohert the devisor die James and Francis  enter and die without issue and whether this be a estate tail in they which  determine by their death without issue or whether it be a fee which shall go  to their sister of the entire blood or whether it be a estate for life only in  they be the question and all the court after argument at the bar resolve that  it be a estate in fee because it appear thatthe intent of the devisor be that  the heir of the devisee shall have it by the word if he or his heir alien also  by the word reserve rend of to his old son and his heir so as they give a  consideration for it so of necessity it be to he intend that he give more than  a estate for life and it can be a estate tail for first it be a feesimple by  the intent of the will for so the will shall he construe accord to the intent  of the devisor if it may be collect when the word be saris to reach although  they he not consult the intent also plain appear that he purpose the heir of  the devisee shall have it which make a fee and to have it a estate tail can he  for his intent appear not by any express word and as Walmsley say a will shall  not he construe by intent upon a intent for then it shall he usque infinitum  and although the word he provide that if they or their heir alien c that their  estate shall he void and that the land shall revert that be a void condition  be annex to a fee and a fee can be limit upon another fee and the word revert  shall not he construe that it shall he a estate tail when it do not appear  that his intent be to make it a estate tail but a condition for otherwise by  the alienation of the one the estate of the other shall not he determine and  this be his intent and such a condition can be annex to a estate in fee by the  law and therefore it be void and thereupon adjudge for the defendant