case wood against INGERSOLE easter term James roll a testator devise three  distinct parcel of land several to his three son and if either of they shall  die the other survive shall be his heir the old son have issue and die and it  be adjudge that the descent of the fee upon he at the father death have merge  the freehold devise and destroy the contingent remainder post hargrave   light  a a in notorious facts and b cro car pol Owen SC Bulst ray lie Com dig Bac Abr  Fearne c r Powel on Dev dougl ejectment upon a special verdict the case be  thus a man have three son John Edward and William and land in three several  village videlicet a b and c devise the land in a to John his son the land in b  to Edward his son and the land in c to William his son and that if any of they  die the other survive shall be his heir a John the old son have issue I and  die and whether the land in a shall go to Edward and William the young son or  to the heir of John the old son be the question betwixt the defendant claim by  a lease from the heir of John the old son and the plaintiff claim under the  say Edward and William the young son after argument at the bar Fleming chief  justice say that he conceive it may vest in the two young son by way of  remainder and these word that every one shall be heir to the other tantamount  and imply that every one shall have it after the other for although the  freehold estate of the old son shall be drown by the descent of the fee yet it  be not so drown but that by his death the survive son shall have it for their  life by this limitation and the intent of the will wherefore such construction  be to be make to uphold it if possible may be but all the justice except  Fleming be of opinion in regard nothing but a freehold pass by the devise the  reversion croak throw in fee descend upon the old have drown that estate and  that his death afterward can not revive and vest the remainder in William and  Edward wherefore it be adjudge for the defendant a