BEVISTON and hussey devant upon a special verdict in ejectment the case be a  man seize of land of the nature of gavelkind and have issue two brother Thomas  and William devise the land in question to Henry son of Thomas if he live till  twentyone and then his wife to have the house c and if Henry die before  twentyone then to the next son of Thomas and if Thomas have no son then to  Henry the son of William and his heir and if Henry die before twentyone and my  wife be dead then to the next heir last name as it shall fall out and die  Henry son of Thomas die before twentyone and Thomas have a son name Thomas who  enter and enjoy the land year have issue two daughter and die Henry the son of  William have issue the lessor of the plaintiff and William have issue John  another son and upon the death of Thomas the Skinner son of Thomas the  question be if the daughter shall have the whole as heir to Thomas or if the  lessor of the plaintiff shall have a moiety of a moiety as it be call d as  heir of William brother and heir of the devisor for if Thomas have but a  estate for life then the reversion descend to Thomas the father of Thomas and  brother of the devisor and to William the other brother but if Thomas have a  estate in fee then the whole descend to his daughter the defendant and it seem  to be agree by the counsel on both side and the court that when he devise all  his land to Henry and his heir if he life to twentyone and if he die before  twentyone then to alley other son of Thomas and if Thomas have no son then to  Henry son of William and his heir that by this devise Thomas son of Thomas  take a estate for life only accord to the case of Middleton and swain adjudge  in this court late where a man devise certain share in the new river to  diverse of his child and their heir and if any of they die then totan that  parten to other of his child general and it be rule in this case that totan  that parten without the limitation of any estate carry but a estate for life  and so in the principal case but the grand doubt be upon the subsequent part  of the will and if Thomas have no son then to Henry son of William and his  heir and by these word levinz admit that Henry son of William take nothing for  Thomas have a son who take sure Thomas and then the will proceed and say that  if Henry die before twentyone and his wife be dead then to my next heir last  name as it shall fall out and it be say that Henry here ought to be understand  Henry the son of William for per levinz Henry the son of Thomas ought to die  before Thomas his brother have any thing so Henry here ought to be Henry the  son of William and Henry the son of William be his heir last mention he shall  take a fee for heir be nomen proceeding by inference and in a will contain  heir and heir of the heir and upon this part of the will the question depend  but holt chief justice demand of levinz that if the word and if Henry die  before twentyone shall be apply to Henry son of Thomas and the word then to  the next heir Skinner last name shall be construe any other son of Thomas if  Thomas have another son otherwise as it shall fall out to Henry son of William  if he shall be next heir so that as it shall fall out shall be apply to the  son of Thomas if he shall have another son who shall be next heir for it be  not find that their father be live otherwise to Henry son of William if he  shall be next heir for the word as it shall fall out be considerable and if it  shall be so that the word next heir shall be apply to Thomas what estate shall  Thomas have and per holt chief justice he shall have a fee and this seem to he  to be the meaning and intention of the Skinner er p devisor and if Henry die  before twentyone to be but a repetition of that which he have say before but  curian advisare vult