but where a man seize of black acre in fee by mortgage which be forfeit and of  while acre as his own inheritance devise white acre to his brother and then  devise all the residue of his good lease mortgage estate debt ready money and  other good whereof he be possess after debt and legacy pay to his wife and  make her executrix and die it be hold that this be no devise in fee to the  wife of the mortgage land for the word estate be couple here with chattel  which intend that he mean only estate for year and the rather because the word  whereof he be possess show that he intend only to give her chattel and the  mortgagemoney and not the inheritance of the land Wilkinson and Merryland cro  car roll Abr equity case abridge d what word pass a estatetail and for life if  land be devise to one and if he die before issue or if he depart not leave  issue or if he die not have a son a all these limitation b create a estatetail  Pinbury v Elkin vern a son be nomen proceeding by inference vent vide p pl b  here it must be observe that the intent of the devisor will supply those word  which be necessary in conveyance at commonlaw as if land be devise to a man  and his heir male the law will give he a estate tail and supply the word of  his body so a devise to one and seed his create a estatetail but a devise can  direct a inheritance to descend against the rule of law and therefore if a  devise to b and his heir male though this be a estatetail yet if b have issue  a daughter who have issue a son he shall never inherit for the rule be whoever  claim as heir in tail male must convey his descent whole by heir male   light  b hob vent so if a man devise in these word and if it please God to take my  son r before he shall have issue of his body so that the land descend to his  brother this be a estate tail in r Owen if a devise to the old son I S and the  heir male of his body for the term of year provide if he or any of his issue  male alien the premise then to equity case abridge er p remain over this be a  estatetail and the limitation for year void for though general a devise to a  man and the heir of his body for year be a term and not a inheritance yet here  the testator intent be that it shall be a inheritance because by the proviso  he take care to advance the issue of I S but if it shall be a term then by the  descent of the inheritance on I S the term will be merge and the issue will be  unprovide for I S may alien the estate Rep more S c a have two son b and c  devise black acre to b and his heir and white acre to c and his heir and  further will that the survivor of they shall be heir to the other if either of  they die without issue though the first word be sufficient to pass a estate in  fee yet the subsequent word correct they and pass only a estate tail and the  remainder in fee be not contingent but execute each son be tenant in tail of  the part to he devise with remainder to the other Chadock v Cowley cro James  if a man devise land to his wife for life and after to her son I S and if he  die without issue have no son then the remainder over I S the son by this  devise take a estate in tail male for though the devise to the son and if he  die without issue have be a good tail general yet when the devisor go further  and say have no son he thereby explain what issue he intend shall inherit the  land and limit it to the issue male roll Abr