. In Equity, in Harris Superior Court. Tried before Judge Alexander, March Term, 1849.

Randal Jones died testate, leaving a large estate, amounting to $250,000. By his will, after giving some specific legacies, he bequeathed the bulk of his estate, under the following clause :

Item lith, I will, bequeath and devise all my remaining property, of whatever kind, either in lands, negroes, money, debts or in any rights and interests whatever, in equal division, to the following persons, upon the condition and restrictions following, to wit: equally, to my son, William N. Jones, and to my daughters, Eliza Howdy, Polly Jackson, Sarah Howard and Katy Arnold; and as respects my said daughters, I give the same to them, and to them only, jiersonally, individually and exclusively, and to their children, and not to their husbands; this division to take place after the special legacies, hereinbefore mentioned, are made. It is further provided and reserved, that any child or children, which may hereafter be born of mine, shall first have, each, eight thousand dollars out of my remaining property, after the above and foregoing special legacies; and before, and to the exclusion so far, of remaining divisions between said William N. Jones, Eliza Dowdy, Polly Jackson, Sarab Howard and Katy Arnold, the property and interest which may fall to and belong- to said Eliza Dowdy, Polly Jackson, Sarah Howard and Katy Arnold, and Luvany Jones and Frances Jones, my daughters, is hereby willed and devised to them, and each of them, and their children, the children of their bodies, and not their present or future husbands, of them, or either of them, not to belong, either in right or disposition, to their husbands, but as before mentioned, is hereby willed and bequeathed, bona fide, in right and use, to the said Eliza Dowdy, Polly Jackson, Sarah Ploward, Katy Arnold and Frances Jones and Luvany Jones, my daughters, and their children, respectively, and to them oidy, so long as they, or either of them, shall live. In the division, the said William N. Jones, and the said Eliza, Polly, Sarah and Katy, taking share and share alike, the latter for themselves and children, each mother representing one share or part.”

Polly Jackson died shortly after the testator.

Difficulties having arisen as to the construction of this clause of Randal Jones’ will, a bill was filed by William N. Jones, the children of Polly Jackson, deceased, Sarah Howard and her children, Eliza Dowdy and her children, and Katy Arnold and her children, setting out the will, and praying that one-fifth of the residue should be decreed and paid over to the separate use of Sarah Howard, Eliza Dowdy and Katy Arnold; one-fifth to William N. J ones, and the remaining fifth to the children of Polly J ackson.

The executors, by their answer, submitted to the Court to place a proper construction upon this item of the will.

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