PUE VS. PUE. 383

after his death; that she subsequently intermarried with Henry
H. Pue, by whom she had two children, the said Matilda and
Henry, and died in the year 1814—leaving her husband and
said children surviving her; that her husband is now in pos-
session of the land as tenant by the courtesy; that it would be
beneficial to all parties, but particularly the infants, that the
estate be sold, and the proceeds of sale properly distributed
amongst them; and praying for such sale. Before a sale (to
which Henry H. Pue by his answer agreed) was made, a peti-
tion was filed in the cause by Rezin Hammond and others, ob-
jecting to the proceedings, on the ground that they had not
been made parties thereto, although interested as trustees for
the said infants; and denying that the said lands were devised
to the said Harriet Hammond in fee simple, or that her hus-
band had any interest therein. The petitioners also prayed to
be made parties, which was accordingly done. A commission
was afterwards issued, and certain testimony taken, relative to
the propriety of a sale, the effect of which is stated by the Chan-
cellor in his opinion; and evidence was also given of a lease,
to which the land was subject, but which the lessees had agreed
to surrender on certain conditions, for the purpose of facilitat-
ing a sale. The two clauses of Philip Hammond's will, under
which the parties respectively claim, are set forth in the Chan-
cellor's opinion.1

THE CHANCELLOR:

Upon a more careful examination of the will of Philip Ham-
mond, deceased, my mind has been brought to the conclusion,
that his daughter Harriett, who afterwards intermarried with
Henry H. Pue, the elder, took an estate in fee, in the lands men-
tioned in the proceedings in this cause; and that, consequently,
her children upon her death, took by descent from her, and not
as purchasers under the will of their grandfather, the testator.

The language of the devise to Harriett is confessedly full and
ample to pass the fee. It is to her, "her heirs and assigns for-
ever," and she must, therefore, take the entire estate, unless in
some other part of the will there are provisions, which, either