[335] 18 Jur. 915.
[336] Dowson v. Gaskoin, 2 Kee. 14. The word “money” used in making a devise in a will, will be construed to include both personal and real property, if it appears from the context, and on the face of the instrument, that such was the intention of the testator. Estate of Miller, 48 Cal. 165.
[337] Co. Litt. 207.
[338] 1 Johns. Ch. 231.
[339] James v. Smith, 14 Sim. 214.
[340] 5 Vesey, 159.
[341] 2 Eden, 194.
[342] Thus, in a case in California, Norris v. Henley, 27 Cal. 439, a testator devised his real estate upon a particular street, one-third to each of three persons by name, “to have and to hold their lifetime, and then to go to their heirs and assigns, but never to sell.” It was held to create a fee, and these words, “never to sell,” had no effect.
[343] Cro. Eliz. 9.
[344] Sims v. Doughty, 5 Ves. 243: Parks v. Parks, 9 Paige, 107.