¶1THIS was an ejeftrrfcnt, to be decided by the opinion of the court. It appeared that the LefTor of the Plaintiff claimed as heir at law of James Graham, who made his will on the-Sth of OSiober, 1745, deviling “to my wife one'ihird “ part of all my effects, the improvements excepted. Alfo I “give to my fon James the improvement whereon I now “ live.” The premifes were held by warrant; and the only quefir >n was, whether an eftate for life, or in fee, veiled in the'Teftator’s fon James by the devife?
¶2The Court