The challenge to the judgment below raises for determination this basic question: Does the devise to Margaret Jones, under the will of John Wesley Jones, of whatever land it covers, fall within the purview of the provisions of the fourth rule of descent, G. S., 29-1 ? If it does, the judgment is in error, and should be reversed. But if it does not, the judgment is correct and should be affirmed, in part certainly, in so far as it relates to land devised to her under Item II of the will, and in whole, if she took any land under Item Nil, the residuary clause of the will.
The fourth rule of descent provides, in respect of collateral descent of estate derived from ancestor, that on failure of lineal descendants, and where the inheritance has been transmitted by descent from an ancestor, or has been derived by gift, devise or settlement from an ancestor, to whom the person thus advanced would, in the event of such ancestor’s death, have been the heir or one of the heirs, the inheritance shall descend to the next collateral relations, capable of inheriting, of the person last seized, who were of the blood of such ancestor, subject to rules two and three.
It appears from the wording of the rule that it applies where, and only to the extent that, the inheritance (1) has been transmitted by descent from an ancestor, or (2) has been derived by gift, devise or settlement from an ancestor, to whom the person thus advanced would, in the event of such ancestor’s death, have been the heir or one of the heirs.
In this connection, it is appropriate to note that real property may be acquired in only two ways, by descent and by purchase. Purchase in that sense is “ ‘every mode of acquisition of estate known to the law, except that by which an heir on the death of his ancestor becomes substituted in his place as owner by operation of law.’ Taking by will is taking by purchase in the most comprehensive meaning of the latter term.” 16 Am. Jur., 769.
In the light of this distinction between descent and purchase, for the fourth rule of descent to be applicable, the' estate shall have been transmitted by descent from the person last seized by purchase, or shall have been derived by will, devise or settlement from such person so last seized, to one who, upon the death of that person, would have been the heir or one of the heirs of such person.
Thus, when this rule is applied to the facts of the case in hand, it is seen that the estate acquired by Margaret Jones was not transmitted to her by descent, and, though it was derived by devise under the will of *430John Wesley Jones, the devise was not from an ancestor, to whom she, the person advanced, would, in the event of the death of such ancestor, have been the heir or one of the heirs. Therefore, the devise to her does not fall within the language or the purview of the provisions of the fourth rule of descent. Hence, the estate does not pass by descent, but by purchase from John Wesley Jones to a stranger to his line, and thereafter descent of the estate would stem from such stranger as a new propositus, or person from whom descent is traced. This is in keeping with the holding of this Court in Burgwyn v. Devereux, 23 N. C., 583. See also Ex Parte Barefoot, 201 N. C., 393, 160 S. E., 365. The case of Poisson v. Pettaway, 159 N. C., 650, 95 S. E., 930, differs in factual situation, but is not in conflict with decision here.
The next and final question is whether Margaret Jones took any land under the residuary provisions of item seven of the will of John Wesley Jones.
In this connection it is noted that in item four of the will, after having given to the McKenzies 10 acres of land, about which there is no controversy here, the testator gives “the rest” of his land to his three sons “to have the use of the same for their care, their maintenance and support of themselves and their families should they or any of them marry hereafter, this use to last throughout the natural life of my said sons . . .” This devise vests in these sons no more than a life estate. Moreover, in this item four no disposition is made of the fee in the land, after the life estate of the sons. This gives rise to the question as to the effect of the residuary clause “the rest and residue of my property I give to my wife one-half, and the other one-half to my children in equal share,” appearing in item seven of the will. This language is broad enough to cover both real and personal property. Hence, it will be construed to include both unless there is an apparent intent to the contrary, plainly and unequivocally expressed in the writing. Faison v. Middleton, 171 N. C., 170, 88 S. E., 141. The intent of the. testator is the paramount consideration in the construction of his will. “In searching for the intent of the testator as expressed in the language used by him, we start with the presumption that one who makes a will is of disposing mind and memory, and does not intend to die intestate as to any part of his property,” Ferguson v. Ferguson, 225 N. C., 375, 35 S. E. (2d), 231, where the subject is fully discussed.
In the Ferguson case, supra, it is also stated that: “Even where a will is reasonably susceptible to two constructions, the one favorable to complete testacy, the other consistent with partial testacy, in application of the presumption, the former construction will be adopted, and the latter rejected.”
In the light of this presumption, it may not be held as a matter of law that the residuary clause appearing in item seven relates only to personal *431property. We, therefore, hold that the court below properly construed this provision of the will as sufficient to pass the real estate undisposed of under item four of the will.
The judgment below is
Affirmed.