
    Larabee v. Larabee.
    A devise to a man and the male heir of his body — will enable his sons to take in the same manner and proportion, as by law they would inherit their father’s estate.
    AotioN for tbe partition of a certain tract of land; declaring, tbat tbey beld in sucb manner and proportion, as tbat tbe plaintiff bad right to have aparted and set out to bim one-third of said tract, and tbe defendant two-tbirds of said tract.
    Plea —■ Tbat tbe plaintiff and defendant did not bold in manner and proportion as set forth in tbe declaration. Issue to tbe court.
    The plaintiff produced tbe will of Nathaniel Larabee, dated tbe 31st of March, A. D. 1738, proved and approved June the 8th, A. D. 1741, which was in tbe words following, viz. “ I give to my wife Sarah, tbe whole of my estato during her natural life, tbe paying my debts, and after her decease, I give the same to my kinsman James Larabee, and to tbe male heir of his body lawfully begotten in fee-tail, viz. to tbe male heir of my said kinsman James Larabee, by succession, from generation to generation forever ”■ — • tbe said Nathaniel was seized at tbe date of tbe will, and at tbe time of his death. Tbe wife survived tbe testator forty years; she also survived said James Larabee, several years, and died; tbat said James bad two sons only, tbe plaintiff and defendant. Upon tbe death of tbe wife said 'Sarah, tbe defendant went into possession of tbe whole, and bad remained in ever since. The der fendant demurred to tbe evidence, and tbe plaintiff joined tbe demurrer.
    Judgment — Tbat tbe evidence is sufficient; and tbat tbe plaintiff and defendant do bold in manner and proportion as set forth in tbe plaintiff’s declaration, etc.
   An heir, is whoever by tbe laws of a country, bath right to inherit or succeed to an estate immediately upon tbe death of tbe owner; and is different as tbe law varies in different countries. In England, tbe eldest son succeeds to tbe real estate of bis parent, etc.— be is tbe ben-: In case there is no son, then all tbe daughters succeed to bis estate as co-parceners ■— they are tbe heir. In Connecticut, all tbe children both sons and daughters, succeed to tbe estate in equal shares, except tbe eldest son, who bath a double share. Here, therefore, all tbe children constitute tbe heir. Tbe words in tbe will, “ To my kinsman James Larabee, and tbe male heir of bis body designates tbe person or persons to take of tbe male line, lawfully begotten of bis body to be tbe same, that by law bad right to inherit or succeed to tbe estate of bis said kinsman James — Tn exclusion of tbe females. This necessarily includes all tbe sons of bis said kinsman — and as they are to take as heir, that is, in manner and proportion as bis kinsman’s heirs would take bis estate; and that is two parts to tbe eldest son, and one part to tbe youngest.

James Larabee’s dying before tbe widow of Nathaniel, to whom tbe estate was given for life, bath no effect to prevent tbe estate’s passing to tbe male heir of James — for James bad only a life estate, and that upon condition be survived tbe widow —■ bis male heirs took by force of tbe will, as immediate devisees of tbe estate, after tbe lives of tbe widow and said James were spent; and whenever that event took place tbe estate vested.  