
    Greshams v. Gresham and Others.
    Decided, Oct. 16th, 1818.
    i. Wills — Limitation Over — Validity.—A testator, in the year 1803, devised the residue of his estate to his brother Isaac; in case he died without issue, to be equally divided between his uncle’s children; (naming them;) without adding any words of perpetuity. This limitation over was good, and took effect, upon the death of Isaac without issue at the time of his death.
    Taliaferro Carlton, by his last Will, dated July 9th, and admitted to probate December 12th, 1803, (after several bequests to other persons,) devised as follows; “Then the balance of my estate I give to my brother Isaac; in case he dies without issue, to be equally divided between my uncle John Gresham’s children ; to wit;” here inserting their names, without adding any words o£ perpetuity.
    Isaac Carlton (who died without issue, in October 1806,) by his Will, bequeathed several slaves which he held under the first mentioned Will, to Anthony Gresham and others, who thereupon brought suit for them, in Chancery, against John Gresham administrator of Taliaferro Carlton, and Benoni Gresham and others his children, who defended the suit by him as their father and guardian.
    Chancellor Taylor was of opinion that the limitation over, after the devise to Isaac Carlton, in the Will of Taliaferro Carlton, was void, “being after an indefinite failure of issue.” He tbere-fore decreed according to *the prayer of the Bill: from which decree the defendants' appealed.
    Wickham for the appellants.
    Stanard for the appellee.
    
      
      Will—Construction—Dying without Heirs — Limitation Over — Validity.-—See the discussion of this sub" ject in foot-note to Timberlake v. Graves, 6 Munf. 174. The principal case is cited in Bells v. Gillespie, 5 Rand. 308; Griffith v. Thomson, 1 Leigh 332, 336; Deane v. Hansford, 9 Leigh 256, 259; Moore v. Brooks, 12 Gratt. 150.
    
   October 16th, 1818,

JUDGE ROANE

pronounced the Court’s opinion, that the Decree be reversed, and the bill dismissed, on the authority of the case of Timberlake v. Graves, and other cases in this Court.  