When will a common law heir of a deceased testator's estate in Canada be entitled to inherit common law land in Canada?

The learned Judge felt bound by the decision in Tylee v. Deal, but peculiar reasons existed for that decision apart altogether from the fact that that will was made before the passing or rather coming into operation of our Act altering the law in reference to primogeniture. It was made in England where the testator resided and dealt with land there as well as in Canada and presumably the testator and his advisers had no knowledge of our Canadian law. He evidently intended as regards the lands in England that the common law heir should take and there was nothing to shew that a different person was intended to take the devise in Canada.