February 6.
Judge Brooke,delivered the opinion of the court.*
The court is of opinion, that Custis Kendall, under whom the appellee claims, took an estate tail in the land in question, under tlie will of William Kendall the elder, which was converted into a fee by the law, and thei'efore, affirm the judgment.
Judge Green did not sit in this case, the cause having been argued before his appointment.