Blackstone do lessee of long v lamy or lame a devise to one and her heir may  in particular circumstance make the fieirs take by purchase refer to Goodtitle  v herring east distinguish do d Bagnall v Harvey barn c Dowl r apply do d  Atkinson v Featherstone barn ad comment on jack v Featherston Bli NS Cl f  discuss Montgomery v Montgomery Jo lat ir Eq r SC burr in ejectment the case  state for the opinion of the court be this Martin long seize in fee of land in  gavelkind devise threefourth part of they to a b and c with special limitation  and the remain four part to Ann the wife of Thomas Cornish and to the heir of  her body lawful beget and to be beget as well female as male and to their heir  and assign for ever to be divide equal between they as tenant in common and  not as jointtenants anti Cornish at the make of the will have two daughter and  afterward die in the lifetime of the testator upon who death the daughter  enter and the heir of the testator bring this ejectment Mr Filmr for the  plaintiff argue l that this be a devise to Ann Cornish in tail general and  that by her death in the life of the testator it become a lapse devise whereby  the heir be entitle to the whole and in a very ingenious argument rely on  Goodright and Pullyn ld raym Andrews and Legay a appeal from barbados e wright  and Pearson Tr Geo chancery f king and Burchill chancery g since determine  that if the mother and daughter have a feesimple devise to they as tenant in  common then as to onethird at least it be a lapse devise by the death of the  mother Mr clarke for the defendant insist that it appear from the complexion  of the will that a estate for life only be intend to be devise to the mother  and a remainder in feesimple to her child the word heir be here a word of  purchase and not of limitation and of this opinion be the court videlicet Lord  Mansfield CJ the principal question be whether the word heir be so invariable  a word of limitation that no explanatory word of the testator can make it a  word of purchase the general rule be where the Blackstone word heir be graft  on a gift to the ancestor it denote the quantum of the estate grant and be  primh fancy a word of limitation where the ancestor take a estate for life the  heir can be make a purchaser by the same conveyance but must take by  limitation h the original reason of this rule be a feodal one lest the lord  shall be defraud of his fruit and profit arise from heirship by contrive to  make the heir a purchaser as well as the ancestor and have upon this ground  become a rule of property it must now continue so though the reason have cease  I yet it have be hold Newcoman and bethlehem hospital king in person Cowper  and Hardwicke chancellor that a man may take by description as heirmale and be  a purchaser though he do not fall within the exact description of be both heir  and male the next heir be a female and therefore not take by inheritance but  mere under the description to satisfy the intent of the testator be shall take  as a purchaser however therefore these general rule be establish yet in  particular case where special circumstance interfere they have be frequent  dispense with as in backhouse and well Robinson and Robinson m Lisle and grey  n a Ilgood and wither oh Papillon and boy p and the present case be much the  strong I ever know to show that heir be intend to be word of purchase and not  of limitation these be land in gavelkind in which the plural word heir be  equivalent to the singular heir in common case which have be frequent hold to  be a word of purchase he give the land to his heir female as well as male now  it can by law descend to both Q but they both may take as purchaser it be  equal to be divide between they Blackstone er p which must refer to heir of  Ann Cornish as the person to take by force of the immediate devise they be  make tenant in common which show that they be not to take by descent for then  they must be parceners the word heir therefore be here mere descriptive of the  person to take after the death of Ann Cornish and they must all take as tenant  in feesimple Blackstone Dennison I accord this be the plain case I ever see in  my life foster I absentee Wilmot I accord the principle that must govern our  interpretation be the intent of the testator this will be best determine  without look into a multitude of case I be of opinion that the testator intend  his niece child shall all take in feesimple as tenant in common this be a  legal intention and therefore to be carry into effect this intention can be  carry into execution by make the niece tenant in tail see palm as the estate  be not to be divide till the death of the niece she can be let in to a equal  share as tenant in common with the child verdict enter up for the defendant r  e cite burr atk f Fearne c r Ambl Eden g Ambl TR d d h Fearne c r c I S v p  and p this be the rule in Shelleys case I Rep see hay v ford post S p per ld  Mansfield in Evans v Astley post I S p post king Ambl in which ld Hardwicke c  affirm the decree of ld Cowper c in brown or Newcoman v Barkham vern Prec Ch  stram S p will v palmer post which see and note ibidem l Eq Abr Fearne c r  cite stram Lord raym m atk Ves S in canc SC burr in b r SC bro p c in d p but  in that case it be decide that a devise to l for life and no long and after  his decease to his son and for default of such issue to W give l a estate tail  there be also a full report of the case in Lord ken n lie t raym t Jon show  and affirm on error as appear from SC pollexfen p wms f c r oh cite I Ves S f  c r p p wms and Mr Cox note d Q Litt S Bla command do v b p oh f llandaff n r  do v Harvey b c d r Bac Abr gavelkind a see more as to gavelkind in davenport  v Terrell post r this case be recognize in Goodtitle v herring east do v smith  t r do v Goff east and see Jeffere v Honywood mad Fearne c r et seq that ed  where all the case be collect and Goodright v while post but in a late case do  they Bosnall v Harvey b c where there be a devise of gavelkind land to t c for  life remainder to trustee to preserve c and from and after the decease of t c  then to and among all and every the heir of the body of the say t c as well  female as male lawfuhy to be beget such heir as well female as male to take as  tenant in common and not as joint tenant and for default of such issue  remainder over it be hold that t c take a estate tail Bayley I do v lame be  distinguishable from the present case because there word of limitation in fee  be graft on the word heir of the body and they can not have be satisfy by a  estate tail in the ancestor Littledale I the principle applicable to this  subject must be consider as final settle by the decision of the house of lord  in Jesson v wright Bligh which see where all the case be refer to and which  overrule the case of do v Goff east