¶1 For the reasons given in the case of Arnold v. Dennis, at this, term of the Court, and also for the additional reason that it does not appear that F. H. Thomas, the devisee, in Item 8 of the will (a construction of which seems to' be the purpose of the appeal), died without issue, the most material part of the case, this case must go back for a new *114 trial. It is said in the statement of the case that “plaintiffs claim that he died without issue/’ but surely that must be found as a fact before it can be expected that we should malee a decision in the matter. The case was made up by counsel.
¶2 New Trial.