case Welsh versus Peterson November p give two three of his real estate to his  son to hold to he his heir and assign for ever but in case he die before he  shall attain the age of or without issue then to the testator wife her heir  and assign the son die after without issue Lord Hardwicke hold it to be a vest  estate in fee in the son as he attain and though he die without issue that it  do not go over to the mother but descend on his heir at law in the above case  the word or be construe to be a copulative there be several case wherein this  point have come in question and which have receive the same construction  Sowell v Garrett more cro Elizabeth S c price v hunt pollex Barker v Suretees  stram Frammingham v brand atk will S c Ves wright they Burrill v Kemp term Rep  the reader be also refer to the case cite in the note to read v Snell atk a  question in this case arise upon the follow will and codicil as to such real  estate as I shall die seize and possess of I give and devise one full equal  three part thereof unto my wife Martha Peterson to hold to her her heir and  assign for ever and the other two three of all my real estate I give and  devise to my love son Matthew Peterson to hold to he his heir and assign for  ever but my mind and will be in case say son shall happen to die before he  shall attain the age of year or without issue then I do hereby give and devise  the say two three of my say estate to my say wife Martha Peterson her heir and  assign by the codicil the testator recite this clause and then proceed thus  now my further mind and will be and I do hereby will and require the same that  in case Tay say son shall happen to die before the age of or without issue as  aforesaid and also atkins in case of the decease of my say wife that then I do  give and devise the say two three part of my say real estate unto and among  all and every the son and daughter of my brotherinlaw Thomas Dickenson the son  die after the age of but without issue and the question be whether the devise  over to the mother shall take effect upon one of the contingency happen only  Mr solicitor general for the defendant the mother say this be a contingency  with a double aspect and cite the case of Bellasis versus Uthwatt before Lord  Hardwicke I Tr atk that recite the will proper and deliberate alter it in the  codicil be so strong in her favour that the court will not easy pass it over  or incline to turn a disjunctive into a conjunctive there be a case before the  council board in which the two chief assist and have not yet agree as to the  construction of the word or Lord chancellor I think it a very plain case the  testator have a wife and a son live if he have go no further than the first  clause he have give he a absolute fee but then follow the executory part upon  the word in the codicil there can be no doubt at all it be to go over upon two  contingency the word as aforesaid take in all the former disposition suppose  he have say no more than in case my son have die under as aforesaid will this  have disinherit the issue if the father have die under and go over to the  mother by no mean for I will have supply the word and without issue and shall  have be justify by the expression as aforesaid the case of soul versus Gerrard  in cro Elizabeth and more be determine on this very point a devise to his son  and if he die without issue or before his age of year that it shall remain to  another the son have issue but die before year yet it be adjudge that his  issue shall have the land and not the remainderman and or there be construe  for and so state in more but call Sowell versus garret if the construction  have be otherwise the grandson of the testator will have be disinherit if the  son have die before atkins er p atkins his lordship hold it to be a vest  estate in fee in the son as he arrive at his age of and that though he die  without issue yet it do not go over to the mother but descend on his heir at  law