case Welsh against Patterson in chancery Michaelmas term in what case the  disjunctive or shall be take to mean the conjunctive and I S devise his land  in this manner as to all my real estate wherewith I shall die possess I give  and devise onethird part thereof unto my wife her heir and assign for ever and  the other twothirds I give to my son John his heir and assign for ever but my  mind and will be that in case my say son shall die before his age of twentyone  year and without leave any issue behind he or in case any such issue shall die  before they attain their age of twentyone year that then the say twothirds  shall go to my wife and her heir for ever afterward by a codicil recite that  he have dispose of his estate ut above he now will that in case his say son  shall die before his age of twentyone year without issue as aforesaid that  then the estate shall go to his wife for life remainder to Stephen Dickenson  in tail remainder to John Dickenson in fee the testator son modern report John  attain his age of twentyone year and afterward die without issue leave a  legacy of five hundred pound to the plaintiff charge upon the land  abovementioned the question be whether John take such a estate under his  father will as shall be liable to his debt and legacy modern report er p and  it be argue by the solicitorgeneral that this be a estatetail in John and  therefore not Chargeable with his legacy for though in the word of the will  the conjunction and be make use of which couple the two contingency together  so that they must both happen before the devise ever can take effect yet by  the codicil it be otherwise for the conjunctive and be by the codicil change  into the disjunctive or and this make a alternative videlicet in case the say  John shall die before twentyone or in case he shall die without issue then the  estate shall go over and a codicil have power to alter correct or explain a  will Hardwicke Lord chancellor the word or and and make no difference for it  have always be determine that where a estate be give to a man and his heir and  in case be die before twentyone or without issue that in such case the word or  shall be construe and for this plain reason that if a contrary construction  shall prevail the devisee may have a son bear before twentyone and if the  father shall die without attain that age such son will be disinherit Mr  solicitorgeneral the case of Searl v Garrard in cro Elizabeth and more be a  case in point and there the judge be of opinion that it be a estatetail and as  to the hardship mention by your lordship if the party have make such a  disposition of his estate it can be remedy and of that opinion be your  lordship in the case of Bellasis v uthwait some time ago in this court where  one devise a estate to his daughter but in case she die before twentyone  remainder to a charity the daughter die before twentyone leave a child behind  her yet determine that the estate must go over for that however it may be the  testator intent that it shall go to the issue of his daughter if she have any  yet as he have leave out those word he court can supply they say non allocatur  for by the Lord chancellor this cause seem extreme plain the testator at the  time of make his will have a wife and a son he devise one three of his estate  to his wife in fee and the other twothirds to his son his heir and assign for  ever if he have stop here it have be a fee but he follow it with a clause of  contingency videlicet that in case his son shall die before twentyone and  without leave any issue behind he or in case such issue shall die before  twentyone then to give the remainder to his wife in fee upon these word of the  will there can arise no doubt but here be the proper conjunctive and and  therefore this clause can be intend to turn the fee modern report into a tail  but it be a executory devise to arise upon a contingency and this contingency  be to happen within the compass of a life in be or twentyone year afterward be  therefore a good devise over but then come the codicil in which have first  make a true recital of his will he then say his mind be that in case his son  shall die before twentyone or without issue as aforesaid that the remainder  shall be to his wife for life remainder to Dickenson c and it be contend that  by the disjunctive or in this codicil it be the testator intention to change  that which be but one single contingency in his will into a double or  alternative one that be that if he die before twentyone or if he die without  issue in either of these case the remainder shall vest but it be my opinion  that the only meaning of the testator by his codicil be to alter the remainder  and to carry it over to the family of the Dickensons after the death of his  wife which by his will he have not do but if there have be no such  circumstance to answer the intent of the testator I shall have be of opinion  that the word cc or must be construe and for the reason I mention before and  there be a case in cro car think it be Spalding v Spalding exact to that  purpose