a have three son b c and d and devise land to c and d and if c die without  heir d shall have his part and if d die without heir b shall have it the  question be what estate d have in this moiety for it be agree that c have a  estatetail by implication by force of the word subsequent to the devise I e  and if c die without c Nudigate argue that if the testator have go no far but  only say I devise these land to c and d neither of they have have but a estate  for life and then when the testator by subsequent word enlarge the estate of  one of they and restrain it to the part of one of they by say b shall have it  this word it shall relate only to c s part that be before devise to d if c die  without heir and the court incline to this opinion that d have but a estate  for life in his moiety because implication that carry estate ought to be plain  and strong and so give judgement nisi east Allen and Spendlove l Freem Rep  where a estate be create by implication it must be a necessary implication b  as a devise to the heir after the death of the wife the wife take a estate for  life by implication because it be plain his intent be that the heir shall not  have it till after her death per Lord keep Trin Freem Rep b it have be settle  by many authority in the book videlicet the Henry t Jones Rep lev vent Vaugh  Rep gardener and Shelden that nothing less than a necessary implication can  entitle the wife to a estate for life and the know diversity be where I devise  land to my heir after the death of my wife this be a devise by implication to  her for life but if I devise land to my second or three son after the death of  my wife this be no devise by implication to her but the land during her life  shall descend to the old son as heir Trin say arg in the case of Willis and  Lucas will Rep vide can Eq can Abr p equity case abridge a implication in a  devise to disinherit the heir must even at law be a necessary implication cite  arg and agree to by Lord chancellor in grammatical case Boutell and Mohum  Tilden et all east Prec in Chan pale yellow Eq Rep S C accord