Phillips' Devisees v. Beall

Judge Marshall

delivered the opinion of the Court: William Phillips devised to his wife slaves and personalty of considerable value, to be held by her during her life, and at her death to be “equally divided among her children, except Felix.” It appears, that, at the date of the will, two of the Testator’s sons, who were also sons of the devisee for life, were dead, leaving childred, and the only question now presented for consideration, is whether these grand children of the devisee for life, who is since dead, are embraced in the devise to her “children,” and have thus an interest in the…