leaving issue, then immediately from and after the decease of the survivor of my said daughters in trust for B ;' [the heir at law] the children of the surviving daughter take a fee. Robinson v. Gray, 9 East R. 1.

But a devise to A, and if it should so happen that my son A should die before he attain the age of 21, then the said lands shall descend to my son B and his heirs forever.' It was held that A took a life estate only. Fowler v. Blackwell, Comyn's Rep. 352. The case seems not law.

A devise to 'A, her heirs and assigns forever; but if she happens to die leaving no child or children lawful issue of her body living at the time of her death, then to B and his heirs.' A takes a fee simple with a good executory devise over to B. Doe v. Wetton, 2 Bos. and Pull. 324.

7. If an estate be devised to A and his heirs, and on a general failure of the ISSUE of A, then over, the estate of A, even though the devise over be to a stranger, will be restrained to a fee tail, the word issue being deemed explanatory and restrictive of the preceding words, heirs, &c.

Thus to A and his heirs; but in case he should die without leaving issue of his body, then over.' Denn v. Shenton, Cowper, 410. Same point, dictum, Ide v. Ide, 5 Mass. 500; 1 P. Will. 607; Comyn's Rep. 373.

So to A and his heirs, and if he shall die without issue,' then over to B, a stranger. Dictum, Brice v. Smith, Willes R. 1. So if the devise over be to one who might be heir of A.

Brice v. Smith, Willes R. 1.

R.

So to A and his heirs, and to B and his heirs, and that the survivor of them shall be heir to the other, if either of them die without issue.' Chadock v. Cowley, Cro. Jac. 695. See Comyn's Dig. Devise, N. 5; 2 Bos. and Pull. 324.

So to my son A, his heirs and assigns forever; but in case my son A shall die without issue, then I give and devise the same unto the child or children with which my wife is now enseint, his or her heirs and assigns forever.' A was a son by a former wife. Held that A took a fee tail only. Doe v. Ellis, 9 East R. 382. See also Preston v. Funnell, Willes R. 165; Goodright v. Goodridge, Willes R. 369; 3 Leon. 111; Cro. Jac. 415; 2 Eq. Abrid. 305, pl. 2; Ambler R. 363; Goodright v. Dunham, Doug. 264; Ives v. Legge, 3 Term Rep. 488, note; Doe v. Wetton, 2 Bos. and Pull. 324.

So, to my brother B's son A and his heirs forever, and 'if B and C should happen to die having no issue of either of their bodies, then and in that case to my nephew D and his heirs, &c.' Held that A took an estate tail, and B also by implication after A, and D a remainder on failure of those estates. Romilly v. James, 1 Marshall Rep. 592; S. C. 6 Taunt 263.

8. But if the devise be to A and his heirs, and on a general failure of heirs, then over; if the devise over be to a person who might be heir of A, then A takes a fee tail only; but if the devise over be to a stranger, then A takes a fee simple, and the devise over is void as too remote.

Thus a devise to A my son, and if B my daughter survive A and his heirs, she shall have the land. A takes a fee tail. Aliter if B had been a stranger, for then he would have taken a fee simple. Rolle Abrid. 836; S. C. 4 Bac. Abrid. Legacy and Devise D. 259; S. P. Webb v. Hearing, Cro. Jac. 415.

So, to A for his life and to his heirs, and for want of heirs of him to B in the same manner, and for want of heirs of him to C and his heirs forever, C being a person who might be heir of A and B. Held that A and B took a fee tail only. Parker v. Thacker, 3 Lev. 70.

So, to A and his heirs, and if he die without heirs, then over to a person who might be heir of A. A takes a fee tail. Tyte v. Willis, Cas. Temp. Talb. 1.

So, to A my son and his heirs forever, and if he die without heirs, to my own right heirs. A takes a fee tail only. Nottingham v. Jennings, 1 P. W. 23; S. C. Willes Rep. 166,

note.

So, to A for life, and after his decease, to his right and lawful heirs and assigns forever, and for want of such lawful heirs,' devise over to a person who might be heir of A. Morgan v. Griffiths, Cowper R. 234.

So, A and his heirs, and if he died without heirs, (or any heir) then to the half brother of A. A takes a fee simple, for the half brother cannot inherit; but is a stranger. Tilburgh v. Barbut, 1 Vez. 89; S. C. 3 Atk. 917.

So, to A and his heirs, and if he died without heirs, then over to a stranger. A takes a fee simple. Att'y. Gen❜l. v. Gill, 2 P. W. 369. See also Com. Dig. Devise N. 5; 3 Leo. 111.

So, to my wife for life, and after her decease to my son A

and his heirs forever; if it should so happen that my son A should die unpossessed of them or without HEIRS, to my daughter B and her heirs. A takes a fee tail only. Doe v. Bluck, 6 Taunt. R. 485.

9. If a devise be to A and his heirs, and upon a contingency which may happen at or before his death, as upon his dying within age or without issue living at his death, A takes a fee simple, whether the devise over be to a collateral or other heir, or to a mere stranger, and the estate over is an executory devise.

Thus a devise to 'A and his heirs forever, he paying his brother B £20 at the age of 21 years, and if A die without issue, living his brother C, then to C and his heirs.' A takes a fee simple, and C has a good executory devise over. v. Brown, Cro. Jac. 590.

6

Pells

So to my son A his heirs and assigns forever, and if he die leaving no issue behind him,' then to my son B and his heirs. A takes a fee simple, B an executory devise. Porter v. Bradley, 3 Term Rep. 143.

So to my grandson A and to his heirs forever; but in case my said grandson should depart this life and leave no issue,' then to his (A's) three sisters, &c. or the survivor. A took a fee simple, and the sisters an estate over only for life by way of executory devise. Roe v. Jeffrey, 7 Term Rep. 589.

So, to my daughter A and her heirs, &c. forever; but if A 'should happen to die leaving no child or children lawful issue of her body living at the time of her death, then over.' A takes a fee simple. Doe v. Wetton, 2 Bos. and Pull. 324.

So, to A and her heirs, and if she shall die under 21, or having no issue,' then over, A takes a fee simple. Semble. Eastman v. Baker, 1 Taunt. 173.

So, to A and his heirs, and if he die before 21, then to B and his heirs. Goodtitle v. Gurnell, Willes R. 211.

So, to all the child and children of my three daughters who should be living at the death of the survivor of them as tenants in common; but if all my daughters should die without learing issue, to C. C was the heir at law. Held that the children living at the death of the surviving daughter took a fee simple. Robinson v. Grey, 9 East R. 1.

So to my son A and his heirs forever, and if any of my said

sons A, &c. shall happen to die without heirs male of their own bodies, that then the lands shall return to the survivors and be equally divided between them. Held that the survivors took a limitation over in fee simple on failure of the male heirs. Fosdick v. Cornell, 1 John Rep. 440.

So, 'to my six children A, &c. and to their heirs and assigns forever, to be divided equally, &c.; but if any one or more of my abovenamed children should die before they arrive at full age or without lawful issue, that then his, her, or their part or share of my estate shall devolve upon and be equally divided among the rest of my surviving children and to their heirs. A takes a fee simple. Jackson v. Blanshan, 3 Johns. R. 292; S. C. 6 Johns. R. 54.

So a devise to my son A, his heirs, &c. and also a devise to my son B, his heirs, &c.; and if either of my sons should depart this life without lawful issue, his share or part shall go to the survivor; and in case of both their deaths without lawful issue, then I give all the property aforesaid to my brother C and my sister D and their heirs.' Held that A and B took estates in fee simple with good executory devises over. Anderson v. Jackson, 16 Johns. R. 382; 20 Johns. 483; 2 Cowen's Rep. 333.

So, to A and his heirs; but in case A should die under 21, or without lawful issue, then over, &c. A takes a fee simple. Hauer v. Sheetz, 2 Binn. 532; S. P. Ide v. Ide, 5 Mass. R. 500.

So to 'A and her heirs forever; but in case she should happen to die before she come of age, or having lawful heir of her body begotten, then over. Ray v. Enslin, 2 Mass. R. 554. See Com. Dig. Devise N. 6; Car. Temp. Hard. 245; Fearne, Executory Devises 181, 182.

10. A devise over after a devise in fee simple, in case the first devisee should die before 21 or without having lawful issue, is a good executory devise, or being construed and; and the contingency is defeated by attaining age or having issue. Eastman v. Baker, 1 Taunt. 174; Fairfield v. Morgan, 5 Bos. and Pull. 38; Doe v. Jessep, 12 East R. 288; 2 Strange R. 1175; 1 Wils. 140.

11. A devise to A until B attain 21, and then to B in fee, B has a vested interest descendible to his heirs, if he die before

21. Boraston's case, 3 Co. 19, 20, 21; Mansfield v. Dugard, 1 Eq. Abrid. 195, pl. 4; Gilb. Cas. Eq. 36; vide also 1 Burr. 228; 3 Durnf. and East 41; Doe v. Underdom, Willes R. 293; Lane, 58; 2 Vern. 32; 3 P. W. 176.

12. If there be an express devise to A and the heirs of his body, and a devise over upon a contingency, to take effect at or before his death, (as upon his dying under age) the estate of A is a fee tail only, and is not thereby enlarged to a fee simple. Spalding v. Spalding, Cro. Jac. 185; Burkart v. Bucher, 2 Binn. 455.

S.

ART. IX.-INSURANCE OF SEAMEN'S WAGES.

'Insurance of seaman's wages is unquestionable illegal.' Marshall on Insurance, p. 74. Videl Mag. 18; Carter v. Boehm. 3 Bur. 1912; 1 Bl. 594; Phil. Ins. 40.

Freight is the mother of wages; and the safety of the ship is the mother of freight. Per Lord Mansfield, Abernethy v. Landale, Doug. 542; 2 Brown Adm. Law, ch. 5, 176; 1 Lord Raymond, 639; Dunnett v. Tomhagen, 3 John. R. 154. If the ship perish by tempest, fire, enemies, or shipwreck, the mariners lose their wages. C. K. B. ch. 2. For if the mariners were to have their wages in such cases, they would not use their endeavors nor hazard their lives for the safety of the ship. Pothier De louage des Matelots, note 184; 1 Siderfin, 179.

THE welfare of that valuable and interesting portion of the community which is engaged in maritime pursuits, is of peculiar interest to the whole body of the community. Occupied in transporting to one part of the globe the superabundance of another, ministering to the necessities and the luxuries of society, instrumental in diffusing to all nations the lights of science and religion, while they themselves are necessarily deprived of most of the comforts and highest endearments of life, exposed continually to the rage of the elements, to captivity, to sickness, and to want, their situation must naturally occupy the attention of the philanthropist and the civilian.

The generous, frank, and daring character of the sailor en