case wright against Hammond construction of a devise S c stram special case  agree at nisi prius in ken the title of the lessor of the plaintiff be as heir  at law and of the defendant under a devise in a will which be as follow the  devisor tenant for life remainder to his wife for life remainder to her right  heir make this devise my land in Woolwich my wife be to have for her life  after her decease of right it go to my daughter Elizabeth for ever if she have  heir if my daughter die without heir in the life of my wife and my wife do not  marry again and have child I give c last term reeves say the question be if  the defendant can take and how or when he shall the first limitation be to his  wife for life then to his daughter in fee then the devise in question which  must be void for a fee can depend on a fee a see yearbook Henry foe cro and  lev a if a devise be to a heir for ever and for default of heir to one who  will be heir of the first devisee it be adjudge a modern report estatetail but  here the remainder be give to one who can not be heir to the daughter but the  first clause be not a limitation by will but a declaration that the land be so  settle vent lev then it be the same as to the construction of the will as if  those word be leave out hob which make the will thus if my daughter die before  my wife without heir and if my wife do not marry again and have child I give c  this be a contingency to take after the death of a person and be too remote to  make a executory devise Vaugh sergeant Chesshyre contra it be by construction  of the intent not by law that a devise to one for ever make a fee but where  there be a remainder over although it be to one and his heir the intention  shall be construe a estatetail a remainder over to a person that will be heir  at law convert it into a estatetail cro roll Abr as to the first clause it be  thus if she have it I confirm it to my wife if not I devise it and that my  daughter must have it as heir if I do not otherwise dispose of it I give it  her for ever provide she have heir this be not a contingent remainder but a  appointment when it shall take effect upon what must happen though when be  uncertain cro web v herring sand cro modern report er p this term it be  resolve by the court in the case of web v herring the law be settle that a  devise over to a stranger shall be no alteration of a prior devise to the heir  of the devisor we be of opinion that the first clause be no devise for the  word be the wife be to have c and the land be find so settle this be only a  declaration of the testator how his estate be to descend and this be so  Elizabeth take these land as heir at law a see wright v wright vent Bamfield v  Popham Peer wms a and then if this take place it must be a executory devise on  the contingency mention in the will Floyd v caryi in chancery a devise if a  man have no heir male of his body adjudge a executory devise the word be if  the daughter die in the life of the mother or without heir this be a remote  contingency of a person die without heir which may never happen b gore v gore  stram b it can never take place as a executory devise and as a contingent  remainder it can there be no particular estate therefore the heir at law of  the devisor have good title