Martin v. Martin

■ POEEENBARGER, JUDGE:

' This is a suit for partition, in which the granting, or refusing, of the relief sought, depends upon the construction of the will of Jesse Martin, of Marion County. The testator had no children born in wedlock, but left several illegitimate children born of Cinderella Koon, a woman who resided with him. For three of these children, Melissa Koon, Benjamin K. Martin and John Jefferson Martin, he provided in his will. The devise of a tract of land, lying in Marion County on the waters of Tygart’s Yalley River, to Benjamin K. Martin, is the clause involved, and reads as…