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vs } no. 1.

Lucy Barclay's admr. et als.

Owen for &c

vs } no. w.

W. T. Fourqurean's

admr. et als.

The foregoing cause came on this day to be again heard together in vocation, and were argued by counsel: On consideration whereof, the Court is of opinion that according to the true construction of the will of Lucy Boxeley decd. only those children of Eliza E. Fourquerean, who were in being at the death of the testatrix, took the property devised and bequeathed to the children of the said Eliza E. Fourquerean by ^the 4th clause of^ the said will and that those of her children born after the death of the said Lucy Boxley have no interest in the said property; and it appearing to the Court that W. W. Fourquerean qualified as guardian of the children of Eliza E Fourquerean who were in being at the death of the said Lucy Boxley, to wit:

Daniel W., Lucy W.,