case tilbury versus barbut march SC Ves sen t devise all his real and personal  estate to his wife for life and after her death to his son John and his heir  for ever and in case of the death of John without any heir then to the  plaintiff John levy no fine nor suffer any recovery but by will devise the  whole to the defendant this be a fee mount on a fee and a void devise to the  plaintiff in law and equal so in equity so Leon attorney general v Gill p W  but where the limitation over be to a person who be a collateral heir to the  first devisee then the devise create a estate tail web v herring cro James  Nottingham v Jennings p W tyte v Willis can tempt Talb Allen v Spendlove Eq  can ab pl Goodright v Dunham dougl Morgan v Griffiths Cowp Pickering v tower  Amb Ives v leg term Rep note do v Perring term Rep Fearne a bill be bring  against the defendant to deliver up all the deed c of the estate mention in  the plead of the cause the question depend upon the will of the late doctor  Tilbury who thereby devise all his real and personal estate to his wife and  Tilbury for life and after her death to his son John a young brother of the  plaintiff by another venture and his heir for ever and in case of the death of  John Tilbury without any heir then his real and personal estate devise to his  son John shall go and be enjoy by his son Cornelius the plaintiff atkins and  Tilbury die in John Tilbury the son levy no fine nor suffer any recover that  but make his will and devise it to the defendant the question be whether John  Tilbury take a estate in fee or in tail under the testator will or whether the  plaintiff take any more than a estate for life Lord chancellor in all devise  of this kind where there be a fee mount upon a I dare say the testator mean  heir of the body but unless there be word to restrain atkins er p it to a  estate tail I be bind to construe it a fee in the first taker and consequent  as the testator have devise the whole to John Tilbury the second devise be  void in law can go on a presumption the testator do not know the law if  testator do not use proper word the court will supply it where the intention  of the testator be consistent with the rule of law but where there be a fee  mount on a fee it be a void devise to the plaintiff in law and as this be a  legal estate I must construe it the same in equity