case stride against PERRYER a have a son and a grandson both of the name of  Robert devise land to his son Robert and his heir and give a legacy to his  grandson Robert Robert the son die in the lifetime of the testator who  afterward annex a codicil to his will and publish his will de to make new  declare that his grandson shall have the land as his son will have enjoy it  have he live the grandson can take the land thus devise for by the death of  the son the devise be void and therefore can not be revive to the grandson by  the parole declaration S C Mod S C Trem S C Eq Abr S C lev S C pollexfen S c  ray S C vent S C Jones S C keb S C show a special verdict in ejectment the  case be this Robert Perryer be seize in fee of the land in question have issue  two son William his old and Robert his young son and be so seize be devise  these land to his young son Robert and his heir Robert the devisee die in the  life time of his father and leaves issue a son name Robert who have a legacy  devise to he by the same will the grandfather afterward annex a codicil to his  will which be agree to be a republication and then he express publish the will  de to make new and declare that his grandson Robert shall have the land as his  son Robert shall have enjoy it have he live the question be whether the  grandson or the heir at law have the better title Pemberton and Maynard  sergeant argue for the title of the plaintiff who be heir at law that if a  devise be to S and his heir if S die live the devisor the heir shall take  nothing because no estate vest in his ancestor a full v full cro Elizabeth  Hodgson v mbrose dougl Warner v while Doug brown case in Chan notorious facts  and do on the demise of turner and his wife v kell term Rep l a so if a devise  be to the heir of S after his decease the heir shall take by purchase for be  can take as heir for the reason aforesaid by the death of Robert the son the  devise to he and his heir be void and the annex a codicil and republication of  the will can make that good which be void before if it can make it good then  the heir can take by purchase and by descent be can take for his ancestor have  no estate and therefore he shall have none beside this be not a good will  within the statute which require it to be in write now the devise by the write  modern will to the son and the republication to the grandson be by word and  not in write so that if be can take by the word of the will he be remediless  and be can take as heir because his ancestor die in the lifetime of the  testator more cro Elizabeth Skipwith and barrel sergeant on the other side  that the new publication make it good for it make a new will in write and it  shall take accord to the publication which make it have the effect of a new  will it be true deed shall not be extend far than the intent and meaning of  the party at the time of the delivery but will be to be expound by another  rule therefore though by the death of the son the will be void yet by the  republication it have a new life roll Abr     the chief justice Wyndham and  Atkins justice be of opinion for the grandson against the heir at law  videlicet that the republication make it a new will and the grandson shall  take by the name of son and Atkins justice rely on the case of modern er p  Brett v ridgen in the commentary b Plowd in the second resolution of the court  see also Goodright v wright Str Peer wms b where new purchase land pass by a  republication but a writ of error be bring upon this judgement in the king  bench it be reverse c see S C show S C vent S C pollexfen S C Jones Eq Abr  note a Mod and Powel on devise for the reason on which the judgement be  reverse c trinity term the thirtyfourth of Charles the second in the king  bench sir Richard Rainsford Knt chief justice sir Thomas Twisden Knt sir  Thomas Jones Knt justice sir William Jones Knt attorneygeneral sir Francis  winnington Knt solicitor general