Before Memminger, J., Marlboro, Kail term, 1917.

Action by Harris P. Pearson against H. T. Easterling, A. G. Easterling and others. Judgment for plaintiff, and defendants named appeal.

The following is a statement of the case:

This action was commenced July 13, 1913, and has been in the Supreme Court twice heretofore and is reported in 104 S. C. 178, 88 S. E. 376; 107 S. C. 265, 92 S. E. 619.

William C. Easterling died on the --- day of November, 1866, leaving his will dated January 26, 1863, and leaving a tract of land containing 300 acres, more or less, which he bequeathed to his wife, Martha Ann Easterling, for life, and at her death to his daughter, Mary Ann Easterling, “during the term of her natural life and at her death that they (it) do descend to the heirs of her body, to each an equal share, the children of any deceased child .representing the parent.’!

Martha Ann Easterling, the wife of William C. Easter-ling, died many years, ago, and the land under the will descended to her daughter, Mary Ann Easterling,' as above set out. She died on or about the 7th of May, 1912, leaving surviving her five children, to wit, Mattie A. Pearson, W. C. Easterling, E. M. Easterling and appellants herein, H. T. Easterling and A. G. Easterling; and she had had six children who had predeceased her, to wit, Margaret P. Easter-ling, Gilmore S. Easterling, Harris R. Easterling, Mary Elizabeth Easterling, who married Pearson, and was also called herein Bettie E. Pearson, Keitt E. Easterling, and Robert J. Easterling, the husband of Mary Ella Easterling, respondent herein. None of these children of Mary Ann Easterling left child or children except Bettie E. Pearson, who left surviving her the plaintiff, Harris P. Pearson.

Some time in the year 1887, when three of the children, to wit, Mattie A. Pearson, Bettie E. Pearson (mother of plaintiff) and W. C. Easterling, had become of age, Mrs. Mary Ann Easterling and her husband undertook to make a partial family partition of these lands, and they had 90 acres cut off from the whole tract and subdivided into three tracts of 30 acres for these three adult children, and they were selected by these three adult children by lot, Bettie E. Pearson getting tract No. 2, W. C. Easterling getting tract No. 1 and Mattie A. Pearson getting tract No. 3, and they went into possession of their respective tracts or lots in the manner shown by the testimony. W. C. Easterling sold his lot to Robert J. Easterling, and Mattie A. Pearson and Bettie E. Pearson sold their respective lots to Robert J. and K. E. Easterling, and later K. E. Easterling conveyed his one-half interest in these two lots to Robert J. Easterling, as appears from the deeds set out in the original appeal.

Bettie E. Pearson died, leaving surviving her the plaintiff, Harris P. Pearson, December 16, 1900, and under the will of William C.' Easterling he was substituted in her stead.

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