For, supposing the words to mean the second son of the devisee, as there is plainly an estate-tail created prior to any interest he can claim ( whether the words first heirs-male are construed words of limitation or purchase ), an estate which may continue for a great number of years, in all probability, without any failure of issue, it would be a most absurd thing to charge a person, at so great a distance from the estate, with the payment of money to persons then in being, whom the testator could hardly suppose would be living at the time of the title accruing to such second son.
12.
In " Archer's case " ( 1 Co . 66 b ), an estate was limited to Robert Archer, the first taker, expressly for life, to which great regard is always had in determining whether an estate for life, or in tail, passes . 2dly, In that case it was to the next heir male of Robert only, not heirs as here; nor will the subsequent words of limitation affect the legal operation of the preceding words in any case of this kind, unless the word heir is made use of in the singular number, or there is an express estate for life limited to the first taker.
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