The opinion of the Court was delivered by Parsons, C. J. The merits of this case depend on the construction of the will of Timothy Ide. There is clearly an express devise to Peleg, of an estate in fee simple; and the devise over is on the contingency of his leaving no lawful heir. The words “lawful heir ” cannot here mean heirs in general, but must be restrained to heirs of the body ;…
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