barker vers SURETEES or reject in the construction of a will ms S c on a  special verdict in ejectment the question turn upon these word in a will  videlicet I give the say premise to my grandson his heir and assign but in  case he die before he attain the age of twentyone year or marriage and without  issue then and in such case he devise the same to the defendant the fact be  that the grandson attain twentyone and die have never be marry and it be  insist that the attain twentyone be a performance of the condition and vest  the estate absolute in the grandson under who the lessor of the plaintiff  claim and judgement be accord give in the county palatine of Durham whereof  error be bring in banc king and after several argument the court affirm the  judgement upon the authority of price v hunt in Pollexf where the word or be  construe conjunctive and they say they will read this without the word or as  if it run and if he die before twentyone unmarried and without issue which he  do not do for one of the circumstance fail and all put together be but in the  nature of one contingency and it be considerable that this be not a condition  precedent but to destroy a estate devise by the former word in fee Frammingham  v brand will atk SC and the opinion of Pratt c I in right v Hammond ante S p  Collinson v wright side Eq can Abr pl jewel v garret more cro Elizabeth SC so  also in the surrender of a copyhold wright v Kemp term Rep but where the  devise be to trustee and their heir to receive the rend till b shall attain or  have issue and if b shall attain or have issue then to b and the heir of his  body but if b shall happen to die before and without issue remainder over b  attain his age of and die without issue Lord Hardwicke consider the word and  as use for or and decree the remainder over to take place but he say it will  be otherwise if the first demise have be to b and his heir Brownsword v Edward  Ves Fearn count Rem Edward the case rely on e contra be vern cro car sir W  Jones roll Abr pl