“ At law, it is still real estate; that is, supposing A. Young to be either dead, or his legacy paid. And it deserves to be remarked, that the testator drops these words, when he speaks of what he himself deems personal estate.
Our construction is the only reasonable and practicable one. Heirs, standing alone, is never a word of purchase; and when it is a word of purchase, it always means, that the heir is to take in exclusion of the ancestor. [3] Thus, where an estate is given to the ancestor for life, the heir may take by purchase, so that the estates will not unite. ”

“ It would be strange, then, if a provision so clearly intended for their interests, should have put it in the power of the executor, either wilfully, or by laches, to defeat their interests, and let in the heir at law.
This is not the case of a mere naked power: it is a power coupled with a trust. ”

“ All his intentions are to be frustrated by the construction contended for on the other side.
As to the supposed difficulties about the distribution of the proceeds among those who are entitled, that question is not now before the Court. It is sufficient that there is an object for the present exercise of the power. It is immaterial in what proportions those who are entitled are to take. When they shall file their bill on the equity side of the Court, it will be time enough to consider that question. ”