Ballard v. . Griffin

"I give and bequeath to my son, James Everett, my manor plantation, and all the lands thereunto belonging, etc., to him and his heirs forever. It is my will and desire that if my son James should die without heir, lawfully begotten of his body, then all I have given him shall belong to my brother, John Everett, to him and his heirs forever."

That the testator died, and afterwards, and subsequent to the year 1795, James died intestate and without issue; and that John died, in the lifetime of James, without issue; that the lessors of the plaintiff are the nephews and nieces of S. T. Everett, the…