Upshaw's heirs v. Sthreshly

*444OPINION of the Court, bv

J udge Logan.—

Sthresh-ly and wife exhibited their bill to recover a proportion a<5 a leSatee °f certain property under the will of Johtt ' Upshaw, the father of Mrs. Sthreshly,

*445The testator, after devising to his wife for life certain land, houses and improvements, household furniture, slaves, sto ck, &>•, declares m the next place that his daught-rs Sarah and Lucy have received their part of his estate ; and then proceeds to give the residue to his other chddren. But with this ex ception, that “if any recovery is had in Kentuck-, I give one half of it to my son Edwin…