after stating the facts: The application of the Buie in Shelley’s Case to the item of the will by virtue of which James W. Thompson took and remained in possession of the two tracts of land comprising 115 acres is the sole question presented for our determination. If the rule applies and James W. Thompson died seized in fee of the premises conveyed, then it is plain that T. E. Crump, his widow, would be entitled to dower in the land. But if there are superadcled words so limiting and qualifying the estate bequeathed to James W. Thompson as to make the rule inapplicable, then his “lawful heirs” by virtue of the will *34would take, by purchase, a contingent remainder in fee simple, thus destroying the widow’s right to dower.
There can be no doubt that the item of the will presented for our consideration does contain words of qualification which prevent the application of the Rule in Shelley’s Case. The words “born of bife wife” qualifying and explaining “his lawful heirs,” confine the remainder to the children of his wife and prevent the operation of the rule. The super-added words show that the devisor intended to make the words “lawful heirs” a designatio personarwn, that is they show an intention on his part to limit the remainder over to a j)articular class of heirs. This case falls plainly within the rule that, where a freehold is given to one person, remainder to the heirs of the body of that person and another, and such persons are capable of having a common heir of their bodies, the Rule in Shelley’s Case does not apply, and the heirs of their common bodies take by purchase a contingent remainder in fee simple, and the original taker receives merely an estate for life. Dawson v. Quinnerly, 118 N. C., at 188.
In holding that the interest of James W. Thompson was only an estate for life, with remainder over “to his lawful heirs, born of his wife,” we have adhered strictly to the view that the Rule in Shelley’s Case is a rule of law and not of construction, but, in so doing, we have also carried out what seems to us to be the plain intention of the devisor, whose will we are considering. It is our opinion that James "W. Thompson took only an estate for life in the 115 acres, and his widow is not entitled to dower therein.