Page:Federal Reporter, 1st Series, Volume 2.djvu/151

 14e - FEDBBAL BEFOBÏBB. �as soon as a division can be had of the partnersliip property, etc., of said Ballard and myself, and my debts and liabilities are paid, I direct my executor to have ail my estate, except the Arlington property, divided betweenmy wife and ehildren in equal parts, share and share alike. The Arlington prop- erty I direct to be left for the use of my said wife and such of our ehildren as she may choose to have with'her during her aatural life, and after that to be divided to and among my aaid ehildren like the rest of my estate as above; and if my wife, at any time, declines to hold said Arlington property in the way herein directed, then it is to be divided as above Among my wife and ehildren, which can be effected by sale or as my executor may think best. In case of the death of said G. M. Davis before the final settlement of my estate, I appoint my friend Judge Alexander Montgomery my executor, with the same power and authority ; and I revoke so mucli of my said last will and testament as may be inconsistexit herewitb. I reqixest that my executor employ T. H. Thistle, as far as assistance may be necessary, in the same way I have employed him. �"Written with my hand, executed and published this tenth September, A. D. 1862. �"Witness my hand and seal» �[SEAL.] "Sam.. S. Boyd." �The will and codioil are drawn with care, and evidently the testator was a skilful draftsman, using unequivocal and plain terms to declare his intention. In the codicil he makes no change in his bequests. The will specifically devised his estate, and with such devises he is satisfied ; but when and in what manner the estate devised to his wife and ehildren ehall be divided the testator, for some reason, determines that a change should be made, and he altera the will in that regard by the codicil. He revokes the will only wherever it may be inconsistent with the codicil in that respect. In no part of thiô codicil does he use the words "devise and bequeath," but studiously avoids any words which would, of themselves^ neceasarUy import & de vise. The widow and ehildren take the ����