case CHADOCK against Cowley in the king bench a devise to a and his heir of  land in b and to c old woman his heir of land in d and that the survivor shall  be heir to the other if either of they die without issue give to a a estate in  tail with cross remainder over in fee ante   light b roll ab more side Cas  term Tal atk Com dig ld ray peer wms Fearn con Rem burr Cowp dougl ejectment  of land in Bradmere of a lease of William hide upon not guilty plead a special  verdict be find that William hide the lessors grandfather be seize in fee of  this land in Bradmere and EastLeak hold in soccage of that manor and have two  son Thomas and Francis devise they by his will in this manner videlicet to his  wife for life and after her death all his land in Bradmere to Thomas his son  and his heir for ever and his land in EastLeak to Francis his son and his heir  for ever item I will that the survivor of they shall be heir to the other if  either of they die without issue the wife enter and die croak throw Thomas  enter into the land in Bradmere and devise they to Richard his second son in  fee under who the defendant claim and William the old son of Thomas enter and  let we it to the plaintiff et si super c the sole question be whether this  devise be a estate tail immediate by the devise or only a contingent estate if  he die without issue in the life of his brother and it be hold by all the  court absent lea that it be a estate tail so the devise of Thomas be void for  although it be object that the word the survivor shall be heir to the other if  he die without issue be idle for it do not appear that he have any other child  and then when the one die without issue the other be his heir by the law and  so he will no more than the law appoint send non allocatur for non constat but  that he may have other child and that by several venture and by the devise he  intend to give it to the other by way of devise if he die without issue second  for the word that the survivor shall be heir to the other if he die without  issue they seem to be a estate tail but if the devise have be that if he die  without issue in the life of the other or before such a age that then it shall  remain to the other then peradventure it shall be a contingent devise in tail  if it shall happen and not otherwise but be that the survivor shall be heir to  the other if he die without issue that in his intent be a absolute estate tail  immediate and the remainder limit over as Edward devise be and resemble it to  the case Edward tail ass pl   Elizabeth dyer and that here although the first  part of the will give a fee the second part correct it and make it but a  estate tail wherefore it be adjudge for the plaintiff vide dyer and this  judgement be give upon the first argument