a by will give and bequeathe all his real and personal estate unto b his son  and to the heir of his body to his and their use to be pay unto he in three  year after his the testator death and during that time he make I S executor of  his will and after the say three year be expire he appoint his say son  executor and if his say son shall die leave no heir of his body live then he  give and bequeathe so much of his say real and personal estate as his say son  shall be possess of at his death to the goldsmith company of London in trust  for several charitable use mention in the will and declare his will to be that  the company shall not give his say son any disturbance during his life the  testator die and after the three year the son take upon he the execution of  the will and suffer a recovery of the real estate and afterward make his will  and thereof the defendant his then wife executrix and then die sign issue the  court be unanimous that the limitation over be void as the absolute ownership  have be give to the son for it be to he and the heir of his body and the  company be to have no more than he shall have leave unspent and therefore he  have a power to dispose of the whole which power be not express give to he but  it result from his interest the word that give a estatetail in the land must  transfer the entire property of the personal estate and then nothing remain to  be give over bill dismiss by Lord chancellor his honour and Reynolds c b Trin  Geo attorneygeneral on behalf of the goldsmith company of London and hall  FitzGibb Rep ms Rep June SC state it thus Thomas hall by will date Feb devise  inter all as follow I give and bequeathe to my son f hall and the heir of his  body lawful beget all my real and personal estate to his and their own use  within three year after my decease but in case my son f hall shall depart this  life leave no heir of his body lawful beget live then I give all and so much  of my estate as he shall be actual possess of at the time of his death to the  company of goldsmith in London upon several charitable trust c f hall die  without child this information be to have the estate appropriate to the  charity mention in the will as to the real estate defendant who be devisee and  executrix of Francis equity case abridge er p plead a common recovery suffer  by her husband whereby he declare the same to himself in fee and then devise  it to her the court upon argue the plea take Francis to be tenant in tail  allow it and so the real estate well bar and the only question now be if the  personalty be well limit over and it be argue by Mr attorneygeneral that this  be a executory devise to take effect upon Francis hall die without child and  that the word heir as it stand connect with the word leave and live import no  more than child which the say Francis shall leave live at the time of his  death to which period the whole contingency be to be refer and cite vern vern  and though the word heir have a large sense as to the real estate which be  capable of be entail yet with regard to the personal it ought to be consider  only as vest a property in case the contingency do not happen but not as  create a estatetail and that the same word have accord to the subject matter  be different construe be cite vern and this construction ought rather to  prevail because it be the only one that can support the testator intention Mr  solicitor general contra that by the will the sole property of the personal  estate be vest in Francis hall he cite these word omit in the case but my will  be that the company of goldsmith shall not give my son any trouble whatsoever  concern my personal estate it be plain he may have alien it all for the devise  over be only of such part as he shall be possess of at his death and the  difference be where the thing itself as here and where the use only be devise  vern and Richard and lady Abergavenny in point where a house together with the  furniture thereof be limit to a wife and such heir of her body as shall be  live at her death and in default of such heir remainder over the wife have a  estatetail in the house and a absolute property in the furniture vern vent  vent vern cro James the word insist upon in the will to confine the die  without issue to the time of the death of Francis hall be live and leave but  if a man die without heir of his body at any time he die without heir of his  body live so if he leaves no issue he die without leave issue but for the  reason aforesaid this be not material to be determine king c Jekyll master of  the roll Reynolds Ch b in regard the ownership and property of the personal  estate be vest in f hall and not the use only the limitation to the company be  void it be give a man a estate in money to spend and limit over to another  what do not happen to be spend and therefore the information be dismiss