Roach v. Lessee of Martin

Mr. Justice Black delivered the following opinion of the court:

Black Justice—

“It is a rule of law now well established that a devise to a person and his heirs, with a remainder limited over, if the devisee dies without issue or heirs of the body, is a fee reduced or narrowed to an estate tail, and that the devise over is, (when such words are used) to take effect after an indefinite failure of issue and is void by way of executory devise, as being too remote. Although the immediate devise imports a fee (the word heirs being introduced) it is restricted or controlled by the words subsequently…