case Loveday against hopkins that June the word heir in a will construe child  to take a legacy lib Reg a foe b Elizabeth Letheuillier by will that November  devise item I give to my sister Lovedays heir pound I give to my sister brady  child equal pound at the time of make the will mrs Loveday have two child  videlicet the plaintiff and a daughter name Martha ambler who be marry to the  Rev William Gibson the daughter afterward die in the lifetime of the testatrix  leave three child mrs Loveday be still alive and the plaintiff be the only  survive child bill to be pay the pound question whether the testatrix intend  to include the child of mrs Loveday and their descendant in the word heir and  whether the defendant the child of the decease daughter be entitle as such to  a moiety of the pound which will have be their mother share if she have  survive the testatrix sir Thomas clarke master of the roll who sit in the  absence of Lord Hardwicke chancellor be clear of opinion that the testatrix  intend to the pound to the child of mrs Loveday the same as in subsequent  clause to brady child and have not their descendant in view or if she have yet  as she have not express herself sufficient the court can construe the will so  as to let they in eastern take and accord decree the whole pound to plaintiff  Thomas v Bennett wms the decree declare that the bequest of the sum of pound  give by the will of the testatrix to the heir of her sister S Loveday be  descriptive of the child of the say S Loveday and that the plaintiff be the  only child in be at the death of the testatrix be entitle thereto both on  either side l r see do v lame burr Gretton v Haward Meriv taunt see Jesson v  wright Bligh Griffiths v grieve I W Wilson v vansittart post Murray  attorneygeneral and I be for plaintiff Mr Wilbraham and Mr comens for the  defendant the Gibsons N B lady Hopkins the residuary legatee and executrix of  the will disclaim by her answer and at the bar all right to the pound the t  testatrix give to her sister take heir the sum of pound to her sister Lovedays  heir pound and to her sister m brady child pound equal to be divide between  they and give the residue of her estate to her sister lady Hopkins the  plaintiff who be the son of mrs Loveday claim as her only survive child and  heir ambler er p