The restraint on wills has worn off in reference to the term heirs and every thing passes under term Estate 2[nd]. Black Com. 115. 6[th]. Johns 185.
Whilst it is conceded that "heirs of the body" are the aptist words to create an Estate tail, yet it is insisted that the terms "children" child" "Son" & "issue" are sufficient to create such an Estate. Wood vs. Baron 1sn. East 2159
Doc Dun Gigg vs Bradley 16th East 399
2[nd]. Iarman on Wills 724 Cases referred to
2[nd]. " " " 318 to 326
(In Woods vs Baron Kenyon)
After death of wife I give to my Daughter Ann my whole estate who shall hold the same as a place of inheritance to her and her children or issue [?]. If she dies leaving no child or children, or if her children died without issue then over
In Giggs vs Bradley Ellenborrough
To his daughter,
Sarah Knight, children to be equally divided between them share and share alike any to the survivor of them. Sarah Knight had two children.
Advises to B and her children one half of my land to C and her children one half of my land, but if either died having no children, then the surviving daughter and children to enjoy deceased