case lewen against dodd a devise to his two son equal and to their heir this  create a tenancy in common and if one of the devisees die his portion shall go  to his heir vide post   light b in notorious facts side Com dig levinz salk  Atkins ves will say Peer will Peer will brown p c Brownl p c Mod ld ray Cowp  debt the case be that one seize of a house in London let it for year render  rend and afterward devise it to his two son equal and to their heir the one  die whether it shall survive to the other and his heir be the question draw  argue that it shall not for they be by those word tenant in common and not  jointtenants for to that intent the devisor put in that word equal and Henry  devise croak Elizabeth god to two et hceredibus the dawn the one die his part  shall not survive but his heir shall have it for so be the intent of the  devisor a multh strong in this case where it be limit to they equal betwixt  they and their heir after they and in pasch Elizabeth S a precedent in the  court of ware in one Shepherd case where he make a devise in this manner item  I will that my land call Earthpits shall equal remain to Joan and mary my two  daughter and the heir of their two body and by the opinion of manwood and dyer  it be resolve that they be tenant in common and that the survive daughter  shall not have her sister part for her life Anderson there be a equality in  estate in condition in take of the profit and all this be here and if it have  be cequis part I shall doubt whether they will he tenant in common but as it  be they be jointtenants but if the word have be to they equal and to their  heir equal that will make a tenancy but here equal be annex to the estate and  they be jointtenants in common have one equal estate die the book vouch in  Henry have be oftentimes overrule to he no law Owen a devise ought to be take  accord to the intent of the devisor and the intent here be not to give all to  the one by the survivorship but a equal advancement and that their heir shall  have a equal advantage if we shall construe it that they shall he jointtenants  they will not have it so and the word equal be vain and idle and a devise to  they equal and to he equal divide hetween they be all one Walmsley the intent  in the devise shall he collect upon the word and when the intent S ambiguous u  on they it be a sure way to follow the course of the commonlaw and it may be  he put this word equal in his will to show his intent that the one son shall  have it as well as the other and that may he satisfy if they take as  Jointenants for they shall have equal portion and equal possibility of  survivor ship and the cinnamon of Henry before vouch be never take for law and  I have demand the opinion of diverse other justice of our house and they hold  that they be jointtenants and the word equal be not of any effect but to show  his intent that they shall have a equality in their estate and in the  perception of the profit which intent be satisfy if they he jointtenants and  in Elizabeth be a case in this court where a devise be to two part and part  like and the court be divide in opinion whether they be Jointenants or tenant  in common but Lord dyer hold thein to he jointtenants and it be not a safe  course to search the intent unless we he certain of the intent and as to the  case vouch in the court of ware it may be that they be tenant in common of the  freehold there because the inheritance be several Heauinond if the devise have  be to they and their heir equal it be clear that they shall he tenant in  coramon so he conceive it to he all one here otherwise the word equal shall he  void for the construction that equal shall ref er to the estate and perception  of the profit will have be good without this word equal and the word be equal  to they and to their heir this copulative colijoins equal to the heir as well  as to them  and they he of such sense as a devise to they equal and to their  heir croak Elizabeth equal in which case they can be jointtenants and in the  queen bench it have be agree where the word be equal to he croak Elizabeth er  p divide that they shall be tenant in common and I have speak with the justice  of our house and they incline to this opinion whereupon it be adjourn a