case pickering and Elizabeth tower against tower and other in chancery July  one have several child devise land to one of they and his heir and for want of  such to the heir of his other child hold the first devise be a estate tail lib  Reg b foe S c Eden tyte v Willis case in equity in Lord Talbot time l  Nottingham v Jennings Com p W Samuel tower have two son George and James tower  and two daughter who be marry the one to the plaintiff William Pickering and  the other to John ambler Pickering by his will give his freehold estate at  Paddington to James tower and his heir and for want of such to be equal divide  between the heir of his other child he also give his estate at the seven dial  to William Pickering and John Pickering and their heir and for want of such to  be equal divide among the heir of his other child and after give several  legacy he appoint William Pickering James tower and John Pickering to receive  and pay the content before mention Lord keeper hold that James tower take a  estate tail because the limitation over be to the heir of the other child who  be heir collateral to James like web v herring cro James he hold that William  Pickering and John take joint estate in fee and John have die in the life time  of the testator the whole survive to William it be specifical hold by the  ecclesiastical court upon litigation that William Pickering and James tower  and John Pickering be proper appoint executor by the above word to receive and  pay the content lee ecclesiastical c see Toller exhort Bac Abr the remainder  over to the heir of the testator other child restrain the general word heir to  the meaning of heir of the body because while there be a person capable of  take the remainder there can not be a general failure of heir see tiler v  Willis can tempt Talb do v hatch taunt Parker v Thacker lev dancy v Griffith m  S Morgan et ux v Griffith Cowp Allen v Spendlove Eq can Abr pl Ives v leg term  reps see fearne count Rem idle v cook p W den v Shenton Cowp and see Mr Eden  note to this case