Early v. . Tayloe

On the hearing, the question in difference was made to turn on the construction of a clairse in the will of Abner W. Early, late of Bertie County, this State.

The testator provided that after the death of his wife and the falling in of her life estate, his lands should be divided “into eight equal divisions” and allotted to his children and grandchildren in equal shares, that is: . . . “to my son Hufham or his children one share.”

Under the allotment made pursuant to the testator’s directions, following the death of the life tenant, the plaintiff, who is designated as Hufham in his father’s…