atkins case TIMEWELL versus Perkins December at the roll before Mr justice  William fortescue see king v George Ch d all my freehold land in the tenure of  the widow l and the residue of my estate consist in ready money plate jewel  lease judgement mortgage c or in any other thing wheresoever or whatsoever I  give to a h or her assign for ever the court will intend a intestacy in favour  of the heir at law unless there be a clear intention to pass the real estate  the will of John Hitchins item all those my freehold land and hopground with  the message or tenement barn c now in the tenure and occupation of the widow  leech and all other the rest and residue and remainder of my estate consist in  ready money plate jewel lease judgement mortgage c or in any other thing  whatsoever or wheresoever these word in italic do not appear in the register  book I give unto my dear belove Arabella Hitchins and her assign for ever the  question be whether the residue pass to Arabella or not there be no doubt but  the word to Arabella and her assign for ever will carry the fee to her without  the word heir   Litt b chamberlain v turner cro car it have be insist for the  plaintiff that the word in the preamble of the will as touch the temporal  estate with which it have please God to bless I I give bequeathe and dispose  of as follow show plain the testator intention to dispose of his whole estate  and that the court will never intend a intestacy of any part and that the word  estate will include land as well as personal estate and though oh plead with  word applicable to personal yet will pass freehold although it will have be  strong if the word real have be add yet however this will n t do unless there  be some word that show the intention to pass the real estate or the court will  intend a intestacy in favour of a heir at law the word estate itself indeed  may include as well real as personal when the testator have express himself by  such word as be applicable to personal only I can intend he mean the real  estate see the case of Ridout v pain post whatsoever and wheresoever must be  confine to the thing antecedent and be restrain to the hopground and  leaseholds for if he intend to give his wife all his real estate why do he  mention only the Essex estate estate where it be only couple with thing that  be personal shall be restrain to personal vide Wilkinson and meream or  Merryland cro car sir W Jones Rep atkins the state of this case as it stand in  roll abridgment pl that if a man seize in fee of any land and also possess of  certain lease of land devise the lease to I S and then devise to his executor  all the residue of his estate mortgage good c his debt pay and funeral expense  discharge this will pass a fee to the executor by the word estate be couple  with the word good hill atkins er p c b r between Wilkinson and Meriam per cur  upon a special verdict but it appear to have be otherwise determine on search  the record of the judgement I think the present case be strong because though  the word possess be not mention yet there be other word which make it strong  for here the word estate be express confine to personal as plate jewel ring  judgement mortgage c which be all personal estate and therefore I think the  residue of the real estate do not pass but suppose it will admit of a doubt  yet certain the heir at law ought to be prefer unless the intention of the  testator to exclude he appear exceed plain Arabella Timewells will I give to  mary Timewell all mortgage groundrents judgement c whatever I have or shall  have at my death as plate jewel linen household good coach and horse for her  use that no husband shall meddle with they and at death to give they to who  she please item I give ray house in Broadstreet and Throgmorton to Sarah  Timewell for her own use to give away at her death to who she please item I  give to Sarah Perkins ray freehold estate in Essex to dispose of to who soever  she please and my two house at Croydon it be all freehold for her own use and  if she shall have child for her to give they as she please but if she die  leave none to mary Timewell and her child at the last part of the will she say  I think I have give they as equal as I can and hope my two daughter will live  in great harmony and friendship together one part of the will relate to Sarah  Perkins as to the land in Essex and the house in Croydon it do not appear to I  so clear what estate Sarah Perkins have but whether she have a estate for life  with a remainder to her child or whether she have a estatetail with a power of  dispose as she please be not necessary for I to declare now as she have no  child atkins there be no doubt but mary Timewell be entitle to the fee in  those estate which be not express devise to Sarah I be of opinion the  goldsmith note and bank bill do not pass by the will to mary Timewell for  though there be no doubt but the general word whatever I have or shall have at  my death will have pass they yet the particular word which follow as plate  jewel c confine and restrain they to thing of the same nature and so lie down  in the case of Trafford and Berrige a man devise to his niece all his good  chattel householdstuff furniture and other thing which then be or shall be in  his house at the time of his death and some time after die leave about in  ready money in the house and it be decree that the ready money do not pass for  by the word other thing shall be intend thing of like nature and species with  those before mention mich between Trafford and Berrige Eq ab pl SC cook v  Oakley p W Cornforth v boon Ves Robert v kiffin post and therefore as they do  not pass they must go equal between the two sister it have be say that as the  testatrix have express devise the ground rend to mary Timewell the defendant  Sarah Perkins be bind by it because she herself take by another part of the  will and for that reason she can except to particular devise but must take the  will in the whole but this argument will not hold here for it be not a  particular groundrent that be devise and as the testatrix may have other  groundrents of her own to satisfy this part of the will I shall intend it so  and beside it be impossible she can give away to mary from Sarah what be Sarah  inheritance from her father beg lib b fol