Smith v. Smith

*618The questions involved in this case depend upon the construction of the second clause of the will of George Hetherington and the effect of deeds of partition between his devisees under that clause of his will. That clause is as follows:

“Secondly. I direct that all my real estate in this county (Giles) and also all the land I own in Mercer county, W. Virginia, be equally divided between my three sons, Augustus, Giles B. and Newton C., and in event that one or more should die leaving no issue, in that event that their share shall fall back to the surviving ones, and that they are to pay unto my…