case Hilliard against gennings a devise to a and his heir and if be die  without issue of his body or under twenty one year of age remainder to b c  passes a estatetail determinable on the event of a die under the age of  twentyone S c Eq ab S c Carth S c ld ray S c comy Rep S c Freem this be a  issue direct out of chancery to be try in a feign action whether Thomas  gennings the young by any last will in write devise to William Hilliard the  plaintiff upon a special verdict it be find that Thomas gennings husband of  the defendant be seize in fee of the land in question and have issue by the  defendant Thomas gennings junior his only son and two daughter mary and  Elizabeth who be now live that Thomas modern report the father make a will the  twentyseventh of December in these word I devise to my son Thomas gennings and  his heir for ever all that my manor of earnest which I late purchase of ff W  but if it shall happen that my say son shall die before he attain the age of  twentyone year or without issue of his body lawful beget then my say land  shall be divide between my say daughter mary and Elizabeth and their heir for  ever that the father die seize as aforesaid that Thomas gennings the son enter  and become seize prout law postulate and be above the age of twentyone year  make his last will the seven of April in the presence of a b and W Hilliard  the plaintiff and they subscribe their hand as witness in the presence of the  testator whereby he devise the say land to the plaintiff William Hilliard and  his heir that Thomas gennings junior be also heir to his father that on the  eighteenth of may he die seize without issue of his body and it be urge by  Carthew for the plaintiff that Thomas gennings junior have all the fee in he  and therefore may well devise to the plaintiff for the word or shall be  construe and so that the remainder can not vest till Thomas gennings a this  case be in the court of chancery and note the report of this case in vern be  as to the state of it different note to former edition b see Peer wms Peer wms  brown Chan case modern report er p die without issue and under the age of  twentyone year of age and to make another construction will be to defeat the  intent of the devisor for he mean that the issue of his son shall inherit  before his own daughter but if or shall not be construe and then if the son  have issue and die before the age of twentyone such issue shall not inherit  which be express contrary to the intent of the devisor then the remainder  limit over will be void cro Elizabeth vent leo but by holt chief justice there  be no necessity to construe or as and in this case for it may be the design of  the father to hinder he from marry till his age of twentyone year and as for  the case in cro Elizabeth that be adjudge to be a estatetail but to this point  the court give no opinion and afterward holt chief justice deny that case to  be law a but the second point be whether this be a good will within the  statute of fraud and perjury car c the devisee be one of the three witness and  the court be of opinion that for this reason the devise be void for every day  experience show that the devisee can be a witness to prove that will and the  intent of the Act be to prevent people from set up forge will which will be  frustrate if devisees shall be allow as witness of their own will b judgement  be give for the defendant nisi causan and in Hilary term the rule be make  absolute modern report easter term the eleven of William the three in the  common plea sir George Treby Knt chief justice sir Edward Nevil e Knt sir John  Powell Knt sir John blencowe Knt justice sir Thomas Trevor Knt attorney  general John hawles Esq solicitor general